(AP) The family of a New York teen swept out to sea while hiking in Hawaii filed a wrongful death lawsuit Tuesday, claiming tour guides were negligent for leading a group of teenagers to dangerous area.
Tyler Madoff's body has not been found since the 15-year-old was swept off the west coast of the Big Island during a kayak expedition on July 4. The White Plains teen is presumed dead.
The death of Tyler, a Scarsdale High School student, was caused by the tour guides' "outrageously reckless and irresponsible decision" to lead the group from the "safety of the bay to the treacherous lava rock area," according to the lawsuit filed in federal court in Honolulu.
They were hiking near the Captain Cook monument at Kealakekua Bay when they stopped to rest at a tide pool, authorities said. The teens were led to an area that's out of a state permitted area despite dangerous surf warnings, according to the suit.
"Some of the teenagers scrambled for cover and attempted to grab on to anything to keep them from being swept back out of the tidal pools into the ocean by the violently receding waves," according to the lawsuit. "Tyler was last seen being swept through the tide pool by the raging waters and over the shore line cliffs into the ocean, never to be seen again."
The family also claimed that the group team leader did nothing to help Tyler. The lawsuit said the man has a criminal history including disorderly conduct and marijuana possession, even though Colorado-based Bold Earth Teen Adventures claims its leaders undergo background checks.
The leader, identified in the suit as Andrew Mork, 22, of Wisconsin, couldn't be reached for comment.
Company officials also couldn't immediately be reached for comment. The local company contracted to lead tours, Hawaii Pack and Paddle, was named as a defendant and couldn't be reached.
Bold Earth president and founder Abbott Wallis didn't notify the Madoffs until hours later and didn't go to Hawaii to support the family, the lawsuit said.
Wallis previously called it a "freak accident" and that guides did all they could to search for Tyler.
"You had somebody who shouldn't have been there, who took these kids off-permit to a dangerous area ... and then ignored all of the conditions that existed on the water," said Susan M. Karten, the Madoff family's New York attorney. "This lawsuit will shine a light on how teen tour companies operate."
Associated Press writer Jennifer Peltz contributed to this report from New York.