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Legal Aspects of the July 4th Flood/Canp Mystic

6,633 Views | 51 Replies | Last: 3 days ago by txags92
OnlyForNow
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But does it really matter when they choose to re-open? Don't you think that it would still be like re-opening the wound the next time you know kids are going to the camp whether it's the following year or in 5? I feel like my heart would ache no matter what.

Tact and lack thereof isn't something you can usually win a lawsuit on, and while I agree with you it's in bad taste to reopen so quickly and to not acknowledge the girls that died due to negligence, in my opinion, it is a personal choice of the owners.

I do feel that whomever governs camps like this (has to be some governing body, right?) should potentially reevaluate how they review "safety" plans though. As I doubt that anything substantial has changed in that regard.

As far as the money/lawsuit goes, that seems to be the easiest way to get and make the other party "hurt" and maybe make them think about making rash or dumb decisions that could lead to new tragedies.
schmellba99
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dermdoc said:

Troy91 said:

I agree with you, Doc.

The suit is about the depth of the plan and the execution of the plan. We agree on the liability.

Some are going to try to make it about where they are in a flood plain. That is noise as there is tons of data about buildings in flood plains who have actual plans.

Focus on the "plan" and the events. All of the "why are they even in a flood plain" is a losing argument IMO.

If I ran a camp like this, no way would I put it in a flood plain. Especially with the history. And with over 700 girls I am responsible for. We will agree to disagree.

I do agree with you that with an adequate plan that there was time to save all the campers.


The whole appeal of the camp is that it is next to the river. Just like every other structure next to every other river.

So not having it in a flood plain negates the camp all together.
txags92
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schmellba99 said:

dermdoc said:

Troy91 said:

I agree with you, Doc.

The suit is about the depth of the plan and the execution of the plan. We agree on the liability.

Some are going to try to make it about where they are in a flood plain. That is noise as there is tons of data about buildings in flood plains who have actual plans.

Focus on the "plan" and the events. All of the "why are they even in a flood plain" is a losing argument IMO.

If I ran a camp like this, no way would I put it in a flood plain. Especially with the history. And with over 700 girls I am responsible for. We will agree to disagree.

I do agree with you that with an adequate plan that there was time to save all the campers.


The whole appeal of the camp is that it is next to the river. Just like every other structure next to every other river.

So not having it in a flood plain negates the camp all together.

Disagree. You can build all the cabins you want up on top of the hill like the rest of Camp Mystic. You don't have to sleep in the floodplain to be able to enjoy having the river nearby. The other option is when there is a flood watch/warning in effect, nobody sleeps in any cabin in or near the flood plain. Put them up on the hill in the gymnasium on the floor in sleeping bags for the night instead.
dermdoc
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P.H. Dexippus said:

dermdoc said:

What other way is there? We got the new legislation passed which hopefully will help keep this from happening again.

And how did Mystic respond? Not contacting all of the deceased families and then announcing they are reopening 6 weeks after the funerals with one girl's body still missing?
I understand legal stuff, but I believe Mystic could have expressed more regret and held off opening for a while. It just seems so calloused.

I agree with the idea legislative and administrative changes at the local, state and federal levels. Assuming for the sake of argument that this was a predictable/preventable event, then legal changes to prevent buildings being exempted or grandfathered in the floodway seems reasonable. I believe the state legislation prevents this going forward. Local requirements for an audible river warning system seems reasonable, though I question the amount of time that buys you when a wall of water is heading downstream. I would even favor criminal prosecution if it shown that laws were violated that caused those girls to perish. But the civil lawsuit won't accomplish that.

Mystic is in a bit of a d___ed if you do, d___ed if you don't position. Dick Eastland died, but efforts to mourn him are deemed insensitive. Efforts to memorialize the girls or express sympathy are deemed clumsy, offensive and outside their right to do so. Silence about the girls is also deemed callous. Any words stated to the families will surely be used as fodder in the civil suits.

I will say that I think it extremely foolish and provocative to attempt to hold the camp this year, and likely the next several years. They could definitely benefit from following professional public relations advice instead of winging it. It doesn't much matter though, because the Eastlands will be ruined, the entities bankrupt and the camp sold off when this is over. And a few lawyers will have deeper pockets for luxury purchases.

Very well stated. It is just a horrible situation. And I am very guilty of letting my emotions getting the best of me. When great people screw up and it results in death of 8 y/o girls, I honestly do not know.
Have mercy Lord.
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Gunny456
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This is spot on. I grew up and lived on the river for decades. Our house was way up high..totally out of any flood area. We simply walked down to the river to fish, tube, canoe, swim and play....and we enjoyed the hell out of it. Lots of folks have houses up high.... out of flooding risk and enjoy their land on the river immensely. The camps buildings and dorms don't have to be in the flood plain for enjoyment of the kids. I can think of literally thousands of places that have houses and lodges up high above rivers and folks enjoy them like heck.
The kids can walk or ride down to the river for recreation and fun during the day. If its raining like heck and there is danger of flooding then keep the kids up where its safe and let them do other fun things until the danger passes.
GentrysMillTX10
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https://www.texasmonthly.com/news-politics/camp-mystic-families-lawsuits-eastlands/
fullback44
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I will give my 2 cents on this subject, and this is my opinion and you don't have to agree with me.

If I owed a camp like thay with 700 plus young kids (boys or girls) there is absolutely no way in hell I would put housing inside a flood plain, i would have to be a crazy man for me to do that. There are thousands of acres outside a flood plain where housing would go if I owned one of those camps. If I didn't have non flood plain land I would not build a camp. I would not be able to sleep at night if I knew a flooded river could cause issues to my campers, even if it's just 2 kids - my 2 cents opinion on what I would do.

I also question why so little was done to safe guard against rising water, alarms, plans, etc.

There is no way these legal issues end well for that camp- my personal opinion. Too many Liabilities existed and reared their ugly head during this absolutely tragic and sad event
Gunny456
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Our family homesteaded on the Guadalupe in the 1800's. As I said above I grew up and lived on the river. I tend to agree with you.
KingofHazor
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Speaking as a retired lawyer, a legal analysis is pointless. The only issues regarding Camp Mystic & the Eastlands' liability is how much it will be and what assets are available to satisfy that liability.

There is no way in God's green earth that Camp Mystic et al. are going to escape liability for this tragedy, no matter what legal argument is made in their defense. Sometimes reality overrides legal analysis.
Bayou City
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Do You think they ever re-open? I personally don't think either camp should ever reopen but that's just me.

Overall, Feels like between the future judgements and the Attorneys fees from the current and future law suits there's no way the camp and Eastlands don't file BK.
"I've lived through some terrible things in my life, some of which have actually happened."

Mark Twain
KingofHazor
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Bayou City said:

Do You think they ever re-open? I personally don't think either camp should ever reopen but that's just me.

Overall, Feels like between the future judgements and the Attorneys fees from the current and future law suits there's no way the camp and Eastlands don't file BK.

There will be no opportunity for them to reopen. The plaintiffs will own the camp and then sell it in some fashion.
BrazosDog02
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KingofHazor said:

Bayou City said:

Do You think they ever re-open? I personally don't think either camp should ever reopen but that's just me.

Overall, Feels like between the future judgements and the Attorneys fees from the current and future law suits there's no way the camp and Eastlands don't file BK.

There will be no opportunity for them to reopen. The plaintiffs will own the camp and then sell it in some fashion.


Id be interested in your commentary on what is required to pierce the corporate veil. I feel that's the trick and I don't know if they can do that.

I think this will come down to proper structuring of the business and good business practices. Hopefully they have it put together properly and don't lose everything.
Bayou City
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I want to see them lose everything. Thats what you get when you let 27 people die because of negligence. Not just 27 people but 8/9 year olds that couldnt defend themselves.

Camp Mystic and the Eastlands deserve every ounce of Justice the 27 families can give them plus more.
"I've lived through some terrible things in my life, some of which have actually happened."

Mark Twain
Bayou City
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Easily said by someone that didn't lose a loved one and hasn't followed the callous behavior of the Eastlands after the tragedy and the reckless behavior and negligence before.

What they did should be criminal.
"I've lived through some terrible things in my life, some of which have actually happened."

Mark Twain
TexasAg95
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anybody else see this?

https://www.khou.com/article/news/state/texas-news/texas-flood/camp-mystic-reopening/285-148fc8cd-6ee3-492a-9551-3cb3dcb2c09d
One-Eyed Fat Man
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Maybe this has been addressed but did they have a plan and not follow it. If so they're screwed.
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txags92
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One-Eyed Fat Man said:

Maybe this has been addressed but did they have a plan and not follow it. If so they're screwed.

We will see what comes out in discovery/trial, but from what has been reported here and on other threads about the tragedy, they had a very brief (less than 1 page) plan which was that every cabin would have a radio and they were to stay in their cabins in case of flooding unless told otherwise by Dick. But they apparently didn't give anybody radios. And the counselors had no way to contact Dick other than leaving the cabin to go to the office. Those that did try to get permission to leave were told to stay put. Those that made the decision to leave the cabins anyway were able to save the lives of their campers. It was pretty limited to actually be called a plan, and I think one of the findings will be that it was woefully inadequate when compared to what other nearby camps had for plans and how they prepared/trained their staff on what to do. As limited as it was, the lack of radios meant they didn't even follow the basic plan. I think it is a safe bet that they will lose anything that goes to trial bigly.
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