The parents of a 15 year-old junior lifeguard, that was swept into the sea during a guided tour in Hawaii, have filed a wrongful death lawsuit naming the tour operators for their "gross negligence and reckless conduct", as reported by Lohud.com and KHON channel 2.
T.M. was touring with a group of students, booked through the Bold Earth Teen Adventure, and local company, Hawaii Pack and Paddle (HPP), when he was lost at sea on July 4.
Susan Karten, the attorney representing the family, said, "This isn't just something that happened. There's no question they were in an area they shouldn't have been. They were sitting ducks, these kids. ... Everybody has responsibility here."
The suit is seeking unspecified damages.
The severity of the surf and wave advisories, in place the day of the incident, caused the group to make a change from the scheduled plans which proved to be a "direct contravention of state issued permits and brought 12 teens to a treacherous off-limits section of the park."
Also cited by Karten was the lack of "proper background checks" done on "the Bold group leader which, if performed, would have revealed a criminal history."
T.M.'s mother told reporters, "(T.M.), (T.M.) was great...he was a crew member, a junior lifeguard."
Of the four adults that accompanied the teens on the hike and kayaking adventure, two were from Bold Earth and two from HPP. All four of the adults, and another that acted as a guide for HPP, are named in the lawsuit.
The HPP guide, O.R., had saved one of the other victims and had been considered a hero at the time of the incident. However, according to T.M.'s father, "(O.R.) acted heroically when the (expletive) hit the fan, but he was instrumental in putting the kids in danger."
Karten stated that the high wave warning in the weather reports should have made the tour group prohibit the teenagers from being in "the fun zone" – a term used by O.R. that refers to an area near a lighthouse.
Karten added, "For (O.R.) who lived there all his life, to say to go into the fun zone is gross negligence."
A.M., a senior member of the Bold Earth staff, served as a counselor while the HPP guides led the teens. T.M.'s father blamed A.M. for the tragedy, telling reporters, "The final decision as to whether or not to continue to the shoreline rested with A.M."
A.M., investigated by Karten, was found to have had committed a number of offenses: two traffic violations, disorderly conduct and an episode that involved marijuana. Karten believes that had Bold Earth completed a background check on A.M. that he "would have been disqualified as a tour leader."
The founder of Bold Earth, A.W., defended A.M. and put the blame on HPP. A.W. told reporters, "I hate that (A.M.) is mentioned. He was just a counselor there. It's been devastating to him. This company HPP was responsible for guiding us, and we and other premiere travel programs used this company. They continue to, and we do not continue to use it…"
You need to contact a personal injury lawyer in the case of a wrongful death. Suing not only will help you to recover your damages, but can also be a impetus for change as your lawsuit may prevent others from similar tragedy.