Tyler Madoff's Family Files Lawsuit

It has been just more than a month since Scarsdale High School student was swept out to sea in Hawaii after hiking with a tour group. This week, his White Plains family filed a lawsuit against the tour company, citing recklessness in the death of their son, the Associated Press reports.

The parents of Tyler Madoff, Mike and Marianne Madoff, filed a wrongful death lawsuit in federal court in Hawaii against the tour company, according to the AP.

Since the July 4 accident, the 15-year-old's body has not been found. His parents held a to honor their son in New Rochelle last month.

The family has also spoken out against the tour company

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According to the AP, the lawsuit states that Tyler's death was caused by the tour guides' "'outrageously reckless and irresponsible decision" to lead the group from the "safety of the bay to the treacherous lava rock area.'"

Madoff was hiking with the tour group in Hawaii when they stopped to rest at a tide pool, "'that's out of a state permitted area despite dangerous surf warnings,'" according to the AP.

According to the lawsuit and the AP, "'Tyler was last seen being swept through the tide pool by the raging waters and over the shore line cliffs into the ocean, never to be seen again.'"

The AP also reports the Madoff family claims the group's team leader did not try to help when the wild waves pulled their son out to sea.

Andrew Mork, 22, of Wisconsin, is identified at the group leader in the lawsuit, according to the AP. He is part of the Colorado-based Bold Earth Teen Adventures.

At the "Celebration of Tyler's Life" at the in New Rochelle July 26, hundreds of family, friends, classmates and teachers payed tribute to the teen.

Madoff, who had one brother and one younger sister, was an avid athlete, member of the crew and football teams at Scarsdale High.

Tyler’s brother Dylan spoke about the special bond the brothers shared at the service.

"Tyler was my best friend in the whole wide world," Dylan said. "I just wanna hug him one more time. I love you, Tyler.”

His mother, Marianne, a teacher at the , said to her son, “your life on earth was cut too short, but we will never forget you.”