Camp Mystic Flood Deaths: Exploring Liability in Wrongful Death Lawsuits

The tragic July 4th flood at Camp Mystic in Kerr County, Texas, which resulted in the deaths of 25 campers, two counselors, and the camp’s co-owner, has brought the issue of summer camp safety and liability into sharp focus. With families filing wrongful death lawsuits alleging negligence and gross negligence, it’s crucial to understand the legal landscape surrounding such cases. This blog post will explore the potential liabilities in the Camp Mystic flood deaths, examining the legal concepts and challenges involved in wrongful death lawsuits against summer camps in Texas. The disaster that took place at Camp Mystic is one of the deadliest natural disasters in Texas in recent decades, with one camper still unaccounted for.

The Camp Mystic Tragedy: A Devastating Loss

Camp Mystic, an all-girls Christian summer camp operating since 1926, was struck by a catastrophic flash flood that swept through the Texas Hill Country. The Guadalupe River, known for its rapid rises during heavy rainfall, surged into the camp, inundating cabins and sweeping away campers and counselors. The sheer scale of the tragedy, claiming the lives of 27 individuals, has prompted intense scrutiny of the camp’s safety protocols and emergency preparedness. The camp is located in an area known as “Flash Flood Alley” due to its steep terrain and fast-rising rivers.

Wrongful Death Lawsuits: Seeking Accountability

In the wake of the flood, multiple families have filed wrongful death lawsuits against Camp Mystic LLC, its owners (the Eastland family), and related business entities. These lawsuits allege a range of claims, including:

Negligence: Failure to exercise reasonable care to protect campers from foreseeable harm.
Gross Negligence: Conduct that poses an extreme risk of harm and demonstrates conscious indifference to the safety of others.
Breach of Fiduciary Duty: Violation of the camp’s duty to act in the best interests of the campers.
Failure to Warn: Not adequately informing campers and their families about the potential flood risks.
Premises Liability: Maintaining an unsafe property condition that contributed to the deaths.

The lawsuits claim that Camp Mystic leadership ignored repeated flood warnings, failed to evacuate children from low-lying cabins along the Guadalupe River, and prioritized securing camp equipment over the safety of the campers. The families are seeking damages exceeding $1 million per victim, including compensation for pain, suffering, funeral costs, and exemplary damages intended to punish the camp for its alleged misconduct.

Establishing Liability: Key Legal Concepts

To succeed in a wrongful death lawsuit, the plaintiffs (the families of the deceased) must prove several key elements:

Duty of Care: The camp owed a duty of care to the campers to protect them from foreseeable harm. Summer camps in Texas, like other businesses, have a legal duty to exercise reasonable care to ensure the safety of their guests. This includes providing a safe environment, implementing appropriate safety measures, and responding effectively to emergencies.
Breach of Duty: The camp breached its duty of care by failing to take reasonable steps to prevent the flood deaths.
Causation: The camp’s breach of duty directly caused the deaths of the campers.
Damages: The families suffered damages as a result of the deaths, such as funeral expenses, lost income, and emotional distress.

In the Camp Mystic cases, the plaintiffs will likely argue that the camp breached its duty of care by:

Failing to heed weather warnings and evacuate campers in a timely manner.
Housing campers in cabins located in a known floodplain.
Lacking an adequate emergency evacuation plan.
Failing to properly train staff on flood safety procedures.
Petitioning FEMA to remove cabins from floodplain designations to reduce insurance costs.

The Role of Waivers and Releases

Many summer camps require parents to sign waivers or releases of liability before their children can attend. These documents typically state that the parent agrees to release the camp from liability for any injuries or damages that may occur during the camp session. However, it’s important to understand that such waivers are not always enforceable, especially in cases of gross negligence or intentional misconduct.

Texas courts generally uphold liability waivers if they are clear, unambiguous, and knowingly signed. However, waivers cannot shield a party from liability for gross negligence or intentional harm. In the Camp Mystic cases, the plaintiffs may argue that the camp’s actions constituted gross negligence, rendering any waivers signed by parents unenforceable.

It’s also worth noting that Texas law regarding the enforceability of parental waivers for minors is complex. While some courts have held that parents cannot waive a child’s right to sue for personal injury damages, other cases have suggested that such waivers may be enforceable in certain circumstances, particularly in the context of agricultural or recreational activities.

New Texas Camp Safety Laws

In response to the Camp Mystic tragedy, the Texas Legislature passed new laws aimed at improving safety at summer camps. These laws, signed by Governor Greg Abbott in September 2025, include provisions requiring camps to:

Develop and implement emergency action plans for floods and severe weather.
Establish evacuation and shelter-in-place procedures.
Provide mandatory disaster response training for staff.
Ensure reliable communication with parents during emergencies.
Maintain facilities outside of floodplains.
Operate warning systems to alert campers of potential dangers.

These new laws reflect a growing recognition of the need for stricter safety standards at summer camps and may strengthen the legal arguments in favor of liability in cases like the Camp Mystic flood deaths.

The “Act of God” Defense

Camp Mystic’s legal representatives have indicated that they intend to argue that the flood was an “act of God,” an unforeseen and uncontrollable natural event that could not have been prevented by reasonable care. This defense, if successful, could shield the camp from liability.

However, the “act of God” defense is not absolute. Even if a natural event contributed to the harm, a defendant can still be held liable if their negligence played a role in causing the damages. In the Camp Mystic cases, the plaintiffs will likely argue that the camp’s negligence, such as failing to evacuate campers despite weather warnings, outweighs the “act of God” defense.

Seeking Legal Counsel

The Camp Mystic flood deaths are a tragic reminder of the potential dangers that can exist at summer camps. If your child has been injured or killed at a summer camp due to negligence or other wrongful conduct, it’s essential to seek legal counsel from an experienced personal injury attorney. A qualified attorney can help you understand your legal rights, assess the potential for a successful lawsuit, and navigate the complex legal process.

Conclusion

The Camp Mystic flood deaths have raised critical questions about summer camp safety and liability. As the wrongful death lawsuits proceed, the courts will grapple with complex legal issues, including the scope of a camp’s duty of care, the enforceability of liability waivers, and the applicability of the “act of God” defense. Regardless of the outcome of these cases, the tragedy serves as a call to action for summer camps to prioritize safety, implement robust emergency preparedness plans, and protect the well-being of the children in their care.