Ask The Funeral Director: Vaults, Liability, and Lawn Mowers—What You Need to Know

A cemetery filled with lots of graves and trees

Is It a State Law?

That’s the question I hear most often when discussing vaults in cemeteries. Vaults encase a casket or an urn for burial within a cemetery. While most people understand the need for a vault for a casket, some don’t see the necessity of interfering with the natural process of “dust to dust, ashes to ashes.” 

The simplest explanation is that a vault protects the casket from the pressure and weight of the earth. 

But isn’t the whole idea to let nature take its course? 

In a perfect world, yes. However, cemeteries have much greater concerns.

Maintenance and Liability

The first and most time-consuming issue for cemeteries is maintenance . Vaults help prevent the ground from collapsing or sinking, ensuring a level surface that allows for easier mowing and upkeep. 

A stable landscape also provides a safer environment for visitors. 

This leads to the primary reason vaults are often required: liability

Unfortunately, some individuals seek legal action for financial gain. Cemeteries have faced lawsuits from visitors who have tripped and fallen due to uneven ground, resulting in injuries. Others have sued for damages to monuments, claiming that lawnmowers caused harm due to improper ground maintenance. 

In some tragic cases, sunken ground near old graves has caused monuments to tip over, leading to severe injuries and even fatalities. 

When you factor in court-awarded damages for “emotional pain and suffering,” cemeteries—many of which operate on limited funding—are left facing significant financial burdens.

What About Urns?

“But an urn only requires a small hole – why would it need a vault?” 

While it might seem that smaller graves pose less risk, the reality is the opposite. Smaller burial areas are harder to spot, increasing the likelihood of lower leg injuries for visitors and maintenance workers. 

Unlike a casket grave, where uneven ground is more noticeable, an urn’s burial site may create subtle depressions that are easy to miss. 

Ever driven a riding lawnmower and hit a hidden hole? I have – and my kidneys are still feeling it! 

The impact can be jarring, not to mention costly. It can bend the mower deck, snap the belt, or even damage the carriage. 

Yes, I’ve experienced that too!

Religious Considerations & Legal Precedents

In addition to liability concerns, some religious cemeteries require urn vaults for spiritual reasons

They believe that burial grounds are sacred and that cremated remains, as an extension of the human body, must be treated with the utmost respect and integrity. 

There have also been multimillion-dollar legal settlements when urns containing cremated remains were accidentally damaged during later excavations—especially in cases where a second spouse was being buried in the same plot. 

While some families may accept such incidents as unfortunate mistakes, others pursue legal action.

A Cemetery’s Perspective 

Put yourself in the shoes of a cemetery operator or sexton. 

The potential for lawsuits, litigation, and families experiencing emotional distress is significant. 

Vaults serve an essential role in minimizing these risks. At the end of the day, most people would agree: vaults help offset a huge liability.

Blog written by Mike O’Connell
O’Connell Family Funeral Homes

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