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Parents of teen swept to sea on Hawaii tour consider lawsuit

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    Legal debate over potential case

  • Duration 6:14
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Accusations of lying and plenty of finger pointing in the death of a teenager swept out to see.

On a vacation in Hawaii -- fifteen year old Tyler Madoff he was hiking with a group -- -- young adventurers.

When a wave pulled -- men.

Tyler's parents blamed the tour guide.

This specifically one died and do more work for warning or ignoring warnings about rough seas in the area and they say.

They're still having a really tough time finding out what exactly happened to their son.

We weren't -- on this phone more on the beach and I needed to speak to in my -- And he told me.

Something different.

What the other people there have told me.

So.

We weren't there we don't know exactly what happened once these -- Took these yourself park.

On main reason for being here.

-- kids shouldn't have been.

They shouldn't have been on the shoreline.

-- the Madoff say they're now considering a lawsuit let's bring in our legal panel and Joey Jackson a criminal defense attorney and former prosecutor Fred TC a former.

Federal prosecutor nice heavy -- -- not only for your legal expertise but I know you're both fathers as well also.

In our hearts go out this family who lost their son in this in this incident -- and -- guide that is mentioned.

This guy Andrew Moore Moore says that it was eight F freak accidents.

This from a legal perspective.

Had a freak accident explanations.

Plane court.

That would be they don't okay.

Because of the reason why this freak accident ended up taking the life of this young son this young boy.

And I say son because I know Joseph he's got a fourteen or fifteen year old son is the apple design I -- fifteen year old son.

I this case is choked me up.

The reason this boy got washed out the season is apparently this guy -- more guy.

Failed to -- the warnings that he had been given.

There's kayak operator told -- it was too dangerous to go and another thing -- we've learned we've heard of this is that the permit under which these people were operating.

Didn't even permit them to cross across this.

Part of the -- to a lighthouse where they were golly so.

This thing that it was a freak accident it the law says it's if that's reasonably foreseeable and I think it was and I think these people have a problem.

-- -- it's a little more complicated than just one tour group -- -- the tour group that this way was traveling with bold earth.

And and that tour group.

Also had another tour group on the mainland on islands called Hawaii -- in cattle and apparently there are some disagreements and we don't really know the -- very sketchy.

About what the locals were telling the guide.

That was bringing these kids on this trip -- you say your kid probably to camp -- -- -- sign these waivers to say that they can do certain things.

It do you think this could be a factor here that the parents gave permission and after this young boy to take this trip then that could complicate some of their legal efforts now it's.

They could -- and as you said at the beginning -- the outset of this segment your heart really goes out to this -- father this is unfathomable no parent no mother should have to -- -- this and it's tragic -- you know.

I just don't know what to say.

But in terms of the legal consequences here there are few things one you put your finger on as that is an exculpatory -- is generally speaking when people are engaged in these types of activities hiking.

-- it could be a heightened danger as a result of the ocean nearby -- -- thereby.

You do sign a waiver and that waiver is known in legal circles as an exculpatory -- in which you waive liability.

The second issue -- agenda as an assumption of risk issue and that is whenever you enter into something that is known to be dangerous you assume some type of risk in the third issue.

Legally for them to overcome if there's a lawsuit filed.

Will be something called an act of god and that is if you look at the video -- where the two Tor guys really -- -- -- so they try to describe what happened.

They talk about wave that just came from nowhere just all of a sudden.

And they just went deeply upon the -- just pulled everyone out.

And so while it's tragic by every means what happens in -- what -- to conclude is the risk perceived as the duty -- if it is on it if it is unforeseeable.

That this event would occur -- it is indeed an act of god -- liability would be tough to attack.

Interesting Fred -- -- -- think about -- had to say what kind of charges do you think could be brought despite that.

-- it now Joey both could be a wrongful death case and -- -- you know in the -- -- -- -- going to be -- these people load this child the duty of care.

To take care -- -- -- recall all they owed on the McKinney they're supposed to act of fairways and -- race is very good points and -- we have to do some times.

Is -- it's kind of look at the law in a vacuum and put our emotions aside but it.

But putting all that aside there are things in this case tonight I don't I think you're gonna help the parents if they ultimately decide to go forward with their litigation in that -- instead.

Apparently of the allegations are that this guy more.

Lied about whether or not he'd been told that it was too dangerous to go out there that night someone apparently is gonna come and testify that he told him.

Not to go out there and lying about that stuff is -- evidence of -- consciousness of guilt.

And I don't end -- on an assumed the risk being his real quickly and assume the risk -- a fifteen year old boy from Westchester spoke to know what the -- star.

On day on the west shore the big island of Hawaii we've looked at these people to protect the children.

Right -- Jimmie that's it that's a good point really quickly here -- we mentioned Andrew Moore again wind -- -- that there were several adults there.

So is does it come down if there is a case to this one individual -- Are we talking about these -- these cute -- groups you know all the adults around.

It always turns on the facts it always does and Fred points to an issue and that issue relate to something in -- we know -- notice if there was notice that there would dangerous condition -- -- -- and there was no basis for them to be there there was some warning in advance.

Then it's sort of negates my arguments when I was talking about assuming the risk and you know an act of god and that type thing but I think the act of god argument argument is going to be.

The most viable one here and that how would they can now that this wave to wave which is common just -- You know -- everybody out.

And so I hope you know it's this it's just it's a tough one.

It is -- apple and adjoining -- hopefully.

You know -- what comes out of this is that.

Other kids are not put in a dangerous situation and there's an abundance of caution exactly is now I'm doing Fred thanks for the time great to see generally true -- right.

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