The families of six children and two counselors killed in July's flooding disaster at a girls' summer camp in Texas filed two separate lawsuits Monday against the camp's owners, alleging negligence.
A slow-moving thunderstorm killed 27 children and counselors in a July disaster in Kerr County. In all, more than 100 people died.
Their lawsuit alleges the camp was located in a known flash flood area along the Guadalupe River. A lawyer and two counselors for the families of the five children said the scene was “in an area known as 'Flash Flood Alley.'”
“Camp Mystic has long operated in areas at high risk for flooding. Despite this known danger, the petition alleges that the camp failed to adopt legally required evacuation plans, ignored repeated weather warnings, and implemented dangerous policies,” plaintiffs' attorneys said.
The lawsuit also alleges that camp staff prioritized protecting the equipment over the lives of campers and counselors.
“Due to rising river water, the camp chose to instruct groundskeepers to spend over an hour evacuating camping equipment rather than campers and counselors,” the complaint states, adding that campers and counselors in two cabins were ordered to remain in place even as other campers and counselors were moved to higher ground 300 feet away.
“When it was finally too late, the camp made a desperate 'rescue' effort from a self-inflicted disaster that left 25 campers, two counselors, and the camp director dead,” the complaint states.
Camp Mystic attorney Jeff Ray said in a statement to NBC Dallas-Fort Worth on Monday that the scale of the flooding was unexpected. He said the complaint contained “misinformation” about the actions of Camp Mystic and the camp's owner and director, Dick Eastland, who also died.
“We intend to demonstrate and prove that this sudden flood surge was orders of magnitude higher than previous floods in the area, was unexpected, and there was no adequate warning system in place in the area,” Ray said.
The family of 8-year-old Eloise “Lulu” Peck, who was also killed, filed a separate lawsuit Monday against Camp Mystic and others.
The suit alleges that the owners of the camp, which has been in the family for generations, knew as late as 1932 that the cabins were “at risk of flooding from the Guadalupe River, and they never told their trusted parents about it.” Since then, the owners have been playing “Russian roulette with the girls' lives,” according to the lawsuit.
The lawsuit, filed by Eloise's parents, Timothy and Melissa Peck, seeks unspecified damages in excess of $1 million for wrongful death, emotional pain and suffering, and other causes.
“There is no greater trust than when a parent entrusts the care of their child to another parent. Parents do not send their children to summer camp to die,” they said in the lawsuit.
Camp Mystic “and those who ran it betrayed that trust,” they said.
In the early morning hours of July 4, water levels in the Guadalupe River in Kerr County rose more than 20 feet in just a few hours, the National Oceanic and Atmospheric Administration announced.
The Texas counties affected by the flash floods have been in drought since late 2021, the bureau said. During drought conditions, heavy rains harden the soil, increasing the risk of flash flooding.
NASA said the remnants of Tropical Storm Barry, which hit southeastern Mexico on June 29, merged with troughs and moisture from the eastern Pacific Ocean to create thunderstorms.
These factors “led to a near-stationary system of large, organized thunderstorms over the Texas Hill Country from July 4 to July 7,” NASA said. About 11 inches fell in a few hours, with some areas experiencing more than 20 inches overall.
More than 130 people died in flooding across six counties, according to a tally of official reporting conducted by NBC News. At least 117 people have died in Kerr County, where Camp Mystic is located, the county government announced in August. As of August 8, two people are still missing.
Camp Mystic said it plans to partially reopen next year with a memorial to the victims.
“Our clients are devastated by the loss of Lulu,” Randy R. Howley, the Pecks' attorney, said in a statement. “It was a terrible tragedy that could have been avoided. Camp Mystic must be held accountable for its failure to care for Lulu and her friends.”