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Vandalism Vs Cemetery Carelessness: What's the Difference?

Written by Alecia Milano | July 23, 2024

Cemeteries have always been a place of rest and peace for loved ones. Families and communities honor their loved ones who have passed by placing flowers at gravesites, adding stones or coins to headstones, or simply spending time at the final resting place.  

Unfortunately, these peaceful spaces can become disrupted by acts of vandalism or cemetery carelessness. Understanding the distinction between these issues is essential for preventing them and addressing them if they were to happen.  

Acts of Vandalism    

Vandalism is a crime of intentionally damaging someone else’s property. Vandalism can happen to public or private property and is often a misdemeanor. However, if the damage is more serious, vandalism can be charged as a felony with prison time and expensive fines. 

Vandalizing cemeteries, monuments or memorials of any kind can include: 

  • Graffiti 
  • Stealing or intentionally damaging memorial decor 
  • Scratching memorials 
  • Destroying surrounding landscaping  

Vandalism in the Law 
In the legal system, vandalism is seen as a very serious act. When this occurs at cemeteries, it is often treated based on the extent of the damage and its intentions. Minor graffiti or damages can lead to misdemeanor charges, which may result in fines or community service. More significant destruction such as damaging mausoleums or headstones, could be classified as a felony
  

Cemetery Carelessness 

Cemetery carelessness contradicts these legal standards and emphasizes the cemetery’s accountability. This can involve a range of issues like poorly maintained property, neglected headstones or improper headstone installation. Staying aware of these common problems before choosing a cemetery for your loved one can help prevent any long-term issues. 

Signs of cemetery carelessness could include: 

  • Sinking memorials. Poorly poured foundations and/or disturbed ground can cause headstones to “sink” into the ground over time. Taking a walk around the cemetery and checking for slanting or sinking headstones is one great way to ensure the cemetery foundation is properly placed at that location. 
  • Overgrown landscaping. Uncut grass or weeds around memorials should typically not be something you are responsible for, especially if your cemetery charges a perpetual care fee. 
  • Grass and dirt. Sometimes overgrown grass or misplaced dirt may be covering lawn-level headstones, making them difficult to find and read.  
  • Damage from lawn equipment. Cemetery workers may occasionally damage or disrupt headstones when maintaining the cemetery grounds. 
  • Chipped or broken headstones. There are times when headstones may be chipped, broken or knocked over for unexplained, manmade reasons. If your loved one’s headstone is made of granite, it will not naturally deteriorate even 1/1000th of an inch over 1,000 years.

Although these instances are not considered vandalism, they are equally devastating if or when they happen. Be sure to know who is accountable for these acts of carelessness if they occur so that your family doesn't have to pay the price.  

Determining Responsibility for Damages  

When it comes to determining who is responsible for vandalism or carelessness, it is essential to know your rights and the next steps. 

If your loved one’s memorial has been damaged or vandalized, you should first contact the cemetery management team. If the headstone was damaged by the cemetery, they are responsible for fixing what was done.  

If you’re not receiving the help you expect, you may need to reach out to your local law enforcement or even your original memorial provider, as they often serve as advocates for your family. You should also document and provide any proof you may have to support the case of damage to your loved one’s headstone.  

Regarding any damage or concerns, you should always maintain open communication with the cemetery and know of any measures that are in place to protect your loved one’s resting place. 

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