Flood victims' families file lawsuits against Camp Mystic, alleging 'gross negligence'

AUSTIN (KXAN) — At least four different lawsuits have been filed against Camp Mystic in the wake of deadly flooding over the Fourth of July weekend, according to an attorney and filings obtained by KXAN on Monday.

The families of at least nine campers and counselors who died at Camp Mystic have filed lawsuits alleging “gross negligence and reckless disregard” for camp safety, calling the camp’s response to the deadly floods an “entirely preventable tragedy.”

The lawsuits seek accountability for the 27 deaths.

“These young girls died because the for-profit camp put profit over safety,” one lawsuit said. “The camp has chosen to house the young girls in cabins sitting in flood-prone areas, despite the risks, to avoid the cost of moving the cabins.”

Camp Mystic is located along a high-risk flood zone along the Guadalupe River, also known as “Flash Flood Alley.”

The attorneys point to the emergency instructions because in the event of flooding, campers and counselors should never stray far from their cabins — and all cabins are in “elevated and safe locations.”

Below are statements from Camp Mystic and legal counsel Jeff Ray.

We continue to pray for the bereaved families and ask God for healing and comfort.

Camp Mystic

Our sympathies go out to the families of campers, counselors, and all families in the Hill Country who lost loved ones in the horrific and unprecedented July 4th flood. We intend to demonstrate and prove that this sudden rise in flood waters far exceeded any previous flood in the area by many levels, that it was unexpected and that there were insufficient warning systems in the area. We disagree with many of the accusations and misinformation contained in the legal filings relating to the actions of Camp Mystic and Dick Eastland, who also lost his life. We will respond carefully to these accusations in a timely manner.

Camp Mystic’s legal advisor, Jeff Ray

The camp previously defended its decision to partially reopen next summer and said it would work with lawmakers investigating the flooding.

Another suit alleged that the camp “failed to adopt legally required evacuation plans, ignored repeated weather warnings, and implemented unsafe policies.” Additionally, it claimed that Camp Mystic “ordered campers to remain in their cabins” as floodwaters rose and that command “delayed evacuation to protect equipment rather than lives.”

Randy Horry, the Austin attorney representing the family of 8-year-old Eloise “Lulu” Peck of Dallas, spoke to KXAN Investigates reporter Matt Grant exclusively on Monday. The Beck family filed the lawsuit, accusing the camp of failing to build cabins in safe locations, ignoring repeated flood warnings and not having an effective emergency or evacuation plan.

“Every other camper on this river was able to keep their children out of harm’s way the night of this flood,” Horry said. He added: “They had notice, failed to respond in a timely manner, and when they did respond it was too late.”

“We carry the memory of our daughter in everything we do,” said Ryan DeWitt, Molly DeWitt’s father. “This legal move is a tribute to her, and we believe that trust and justice are essential to finding peace — not just for our family, but for every family affected.”

The other families’ attorneys are Paul Yetter, Justin Tchoepe, Reed Simpson, and Shannon Smith of Yetter Coleman, LLP.

Yeater said their clients filed a lawsuit to demand accountability and the truth. “Camp Mystic failed in its primary mission of keeping campers and counselors safe, and young girls died as a result,” Yetter said. “This action is about transparency, accountability, and ensuring that no other family experiences what these parents will now endure for the rest of their lives.”

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