In people's hearts, a funeral home is a solemn and sacred place that carries people's respect for their deceased loved ones. However, a bizarre incident in Zhengzhou, Henan Province, makes people sigh "It's ridiculous!".Ms. Fan's father had been dead for many years, and her ashes were stored at the funeral home, but when Ms. Fan was about to bury her with her grandfather, she found that her father's ashes were missing.
Ms. Fan's grandfather passed away, and in order to fulfill her grandfather's wishes, Ms. Fan came to the funeral home to take out her father's ashes. However, the cabinet was empty, which made Ms. Fan's disappointment palpable. This is not only the loss and recovery of a box of ashes, but also the endless sadness of family affection. Ms. Fan's father passed away for some reason, and the ashes, as the last respect for the deceased, were lost in the funeral home, raising questions about the proper management of the funeral home.
Ms. Fan received an unexpected answer to the funeral home's accountability. The funeral home explained that the room where the ashes were stored was changed around 2020, and it may have been lost or mistaken during the handling process. Such an answer makes people question whether the management level of the funeral home is not enough to respect the deceased. After learning that the funeral home had found a random crematory crematory for her, Ms. Fan suffered insomnia all night, and her mother was so angry that she was hospitalized with a heart attack.
The reporter went to the funeral home to learn about the situation, but got another explanation from the funeral home staff. The funeral home said that it was during the handling process that the cabinet number 745 was seen as 754, and the father's ashes were placed in the wrong cabinet. Ms. Fan objected to this, saying that the 754 and 745 cabinets were not the same set of cabinets, and there were still ** and her own writing in the father's urn, which were also missing.
This incident has aroused widespread social concern and aroused netizens' doubts about legal responsibility. From a legal point of view, the funeral home was liable for breach of contract as a result of the loss of Ms. Fan's father's urn due to poor storage. The Civil Code stipulates that the custodian shall properly keep the deposited property, and shall be liable for compensation if the loss is caused by improper storage. However, the funeral home's response to Ms Fan's question of liability raises questions about whether it has fulfilled its duty of proper custody.
Netizens' doubts about the funeral home's response are also well-founded. As a specific object, the loss of ashes is not an ordinary loss of property, but an injury to family affection. Legally, something specific means something unique.
2. Once irreplaceable things are damaged or lost, they shall be exempted from continuing to perform their responsibilities and bear other responsibilities such as compensation for damages. This also makes the funeral home's response to "pay a new box" seem a little careless, and the damage to family affection seems to be underestimated.
In addition to the material losses, Ms. Fan's mental suffering as a result cannot be ignored. Insomnia, the mother having a heart attack because of it, these are all direct mental damages. According to Article 1183 of the Civil Code, if the personal rights and interests of a natural person are infringed and serious mental damage is caused, the infringed party has the right to claim compensation for moral damages. The loss of his father's ashes due to the poor management of the funeral home is undoubtedly a serious psychological trauma.
This case is not only a family misfortune, but also a wake-up call for the entire funeral home industry. As a place carrying life and death, the funeral home has a great responsibility for its management. Through this incident, we can't help but reflect on whether the funeral home is not fulfilling its duty of respect and care for the deceased. For families, choosing to store the ashes of the deceased in the funeral home is a way to express their grief and express their feelings of missing the deceased, and the funeral home has the responsibility to protect this trust.
The two sides are still communicating about this matter, and we still do not know for sure what the truth is. The funeral home proposed to determine whether the urn in the 754 cabinet belonged to Ms. Fan's father through fingerprint identification and other methods, and this process may take some time. We hope that the judicial authorities will make a fair ruling, give Ms. Fan a clear explanation, and also warn the recurrence of similar incidents.
Funeral home