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Tyler Madoff was pulled out to sea back in July while he was on a hiking tour in Hawaii. Now his parents have filed a lawsuit against the tour company for wrongful death.
Madoff's disappearance made headlines after he was pulled out to sea by a tidal wave. He was participating in a hiking and kayaking trip with Bold Earth Adventures and Hawaii Pack and Paddle.
He hasn't been seen since he was swept out to sea. His parents are claiming his death was caused by the tour's negligence.
The group took a rest from hiking to explore some tide pools off the path. But the complaint alleges that the pools were outside a state-permitted area and that signs warned about dangerous surf, according to Newsday.
His parents claim that detour caused Madoff his life.
Madoff's parents also claim that tour leaders failed to protect their son after he was swept up by the waves, reports Newsday. They allegedly did nothing to go after him.
The Madoff's are suing the tour leader as well as the tour companies for their role in Madoff's death. The suit claims the tour company was negligent in hiring leader Andrew Mork because of his criminal record.
Mork was the leader on Madoff's tour. He has prior convictions for disorderly conduct and marijuana possession, reports The Washington Post.
Negligence requires a duty to the person injured, a failure to fulfill that duty, an injury caused by that failure, and financial harm as a result.
It is clear that Madoff died because of what happened on the tour. The issue is whether the tour operators or leader had a duty to Madoff and if so, did they fail to fulfill it.
The fact that Madoff was participating in a guided tour creates some relationship between him and defendants. That may influence a court to find a duty of care or at least a duty to rescue.
Situations where courts will not find a duty generally involve parties with no prior relationship before the accident occurred. Strangers have no duty to one another.
None of the defendants were willing or available to comment on the case, reports The Washington Post.
Tyler Madoff is presumed dead but his parent's lawsuit could bring them some peace. While the law can't bring him back, it can punish any wrongful action.