The family of a New York teen swept out to sea while hiking in Hawaii filed a wrongful death lawsuit today, claiming tour guides were negligent for leading a group of teenagers to dangerous area.

Tyler Madoff’s body has not been found since the 15-year-old was swept off the west coast of the Big Island during a kayak expedition on July 4. The White Plains teen is presumed dead.

The death of Tyler, a Scarsdale High School student, was caused by the tour guides’ “outrageously reckless and irresponsible decision” to lead the group from the “safety of the bay to the treacherous lava rock area,” according to the lawsuit filed in federal court in Honolulu.

They were hiking near the Captain Cook monument at Kealakekua Bay when they stopped to rest at a tide pool, authorities said. The teens were led to an area that’s out of a state permitted area despite dangerous surf warnings, according to the suit.

The family also claimed that the group team leader did nothing to help Tyler. The lawsuit said the man has a criminal history including disorderly conduct and marijuana possession, even though Colorado-based Bold Earth Teen Adventures claims its leaders undergo background checks.

The leader, identified in the suit as Andrew Mork, 22, of Wisconsin, couldn’t be reached for comment.

Abbott Wallis, president and founder Bold Earth, said he hadn’t yet seen the lawsuit. He previously called it a “freak accident” and said guides did all they could to help search for Tyler.

The local company contracted to lead tours, Hawaii Pack and Paddle, was also named as a defendant and couldn’t immediately be reached for comment.

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Associated Press writer Jennifer Peltz contributed to this report from New York.