(The Center Square) – Two lawsuits were filed Monday against Camp Mystic, the all-girls camp in Hunt, Texas, where 25 campers and two counselors were killed from flood waters on July 4.
Both lawsuits were filed in the District Court of Travis County against Camp Mystic, LLC, its owners, and affiliated entities.
The first was filed by the parents of five campers and two counselors, alleging gross negligence, The Center Square reported.
The second lawsuit was filed by the parents of 8-year-old Eloise “Lulu” Peck, also alleging negligence and gross negligence by the camp and its owners. It was filed by Austin-based Howry Breen & Herman, LLP, Gilmer-based Tefteller Law, PLLC and Boerne-based The Armstrong Firm, PLLC .
“This was not an unforeseeable act of nature. What happened at Camp Mystic was preventable, and no parent should ever endure the pain of sending their child to a place of safety only to face tragedy,” the Peck’s attorney, Randy Howry, said. “This lawsuit is about transparency, responsibility and ensuring no other family experiences what these parents have suffered.”
The lawsuit alleges Lulu’s death was “proximately caused by the negligence and gross negligence of Defendants. Defendants knew that Camp facilities were located in a flood zone, knew of the history of flash flooding in Kerr County, knew of repeated prior flood events at the Camp, and received warnings from family members about flood risk.”
Located next to the Guadalupe River in a region known as “Flash Flood Alley,” Camp Mystic has long operated in a high-risk flood zone. One of its owners was evacuated by helicopter to give birth more than 40 years ago due to flood waters, the lawsuit states. It also cites testimony from camp shareholders in a previous lawsuit who said certain parts of the property were “unsuitable for recreation because ‘it floods.’”
It also cites the Guadalupe-Blanco River Authority (one of the camp’s owners was a board member), stating the river basin is “one of the three most dangerous regions in the entire United States for flash floods.” In 2010, the camp spent millions of dollars on an expansion project that didn’t include relocating cabins in the most flood-prone areas, including the Bubble Inn Cabin, where Lulu was housed. Lulu, her camp mates and counselors weren’t evacuated but were instructed to remain inside as flood waters rose. They were directly in the flood’s path and were killed.
The cabins closest to the river where the youngest girls were housed were located in a 100-year floodplain, according to federal government records. The camp appealed to FEMA to remove the designation, which it did three times. FEMA amended its floodplain map to remove 15 camp buildings in 2013, and another 15 structures in 2019 and 2020, according to federal records.
The camp’s request for FEMA to remove the floodplain designation was “an attempt to hide this safety risk from the public, including the campers and their parents,” the lawsuit alleges. It was also an attempt to “avoid the requirement to carry flood insurance, lower the camp’s insurance premiums, and pave the way for expanded structures under less costly regulations. Defendants’ conduct reflects a conscious decision to prioritize money and profits over the lives of children and transparency to parents.”
The lawsuit also lists a timeline of flooding on the property dating to 1932, as well as the number of people who have died from flooding in Kerr County over the last nearly 100 years.
The examples cited illustrate “a clear and continuing pattern of foreseeable danger that went unaddressed,” the lawsuit alleges. “Despite this clear history, Camp Mystic continued operating in the floodplain without implementing adequate warning systems, evacuation infrastructure, or modernized flood-safety protocols to protect the children in its care. The Defendants knew of the dangers of extreme flooding in the area, but despite this knowledge, Defendants were reckless and failed to act reasonably in response to the rising water levels. These failures left campers and counselors trapped and unable to reach higher ground resulting in severe injury and death.”
The camp’s stated emergency plan was “grossly inadequate and demonstrated a reckless disregard for camper safety,” the complaint alleges. Its written emergency instruction for campers is a single page with seven sentences, the complaint notes. On July 4, teenage counselors were left “on their own to make impossible decisions, as water swept through cabins in the floodway,” it states.
The Pecks’ petition alleges the camp and its affiliates “ignored repeated flood warnings and historical data; failed to build facilities or cabins in safe locations; lacked an effective emergency or evacuation plan; demonstrated gross negligence and ‘conscious indifference’ to camper safety; and prioritized operational convenience and profits over lives.”
The lawsuit seeks damages exceeding $1 million under Texas law for wrongful death, survival claims, and exemplary damages “to hold Camp Mystic accountable.”
It also demands a jury trial and preservation of all evidence related to the incident.
“Today is a difficult but necessary step for our family. We’ve chosen to pursue legal action not out of anger, but out of love — love for our child, and for the truth and justice she deserves. We are asking for accountability, transparency and meaningful change so that no other parents have to endure this kind of loss,” Tim Peck said.
The camp hasn’t responded to the lawsuits but its attorney has said the camp “failed no one.”
