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

The lawsuit filed Tuesday in federal court in Honolulu claims 15-year-old Tyler Madoff was swept off the Big Island on July 4 because tour guides were negligent.

The teen from White Plains is presumed dead.

The lawsuit claims that the guides made an "outrageously reckless and irresponsible" decision to deviate to a treacherous lava rock area that's out of a permitted area.

It also claims the group leader has a criminal history including disorderly conduct and marijuana possession despite tour company claims that leaders undergo background checks.

Bold Earth Teen Adventures and Hawaii Pack and Paddle are named as defendants. 

Hawaii Pack and Paddle issued this statement:

"We give our condolences to the Madoff family and all of the families involved in this.   Since this is going to be a part of the litigation process, we will not be issuing any information at this time."

Representatives from Bold Earth Teen Adventures couldn't immediately be reached for comment.