HONOLULU (AP) — The family of a New York teen swept out to sea while hiking in Hawaii has filed a wrongful death lawsuit.

The lawsuit filed in federal court in Honolulu Tuesday claims 15-year-old Tyler Madoff (MAD'-off) was swept off the Big Island on July 4 because of negligence.

The White Plains teen is presumed dead.

The suit claims guides made an "outrageously reckless and irresponsible" decision to deviate to a treacherous non-permitted lava rock area.

It also claims the group leader has a criminal history including disorderly conduct and marijuana possession despite tour company assurances it conducts background checks.

Bold Earth Teen Adventures President Abbott Wallis says he hasn't seen the lawsuit. Hawaii Pack and Paddle is also named as a defendant and couldn't immediately be reached.