https://www.click2houston.com/news/local/2025/08/13/family-sues-kerr-county-resort-over-death-of-odessa-woman-in-texas-hill-country-floods/

The family of Jayda Floyd has filed a lawsuit against the RV resort where she and her fianc were staying, claiming the park should have had more emergency preparedness, evacuations, etc.

I just don't know what to think about this. I don't know anything about civil engineering or flood plains or anything of the sort, but it really seems like this was a freak natural disaster that would have been impossible to prepare for.

Just my two cents.

I mean you can literally sue anyone you want for anything these days. That said, if I'm on the jury you're going to have a hell of a time convincing me an RV park is at fault from an act of god.

Yesterday said:

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I mean you can literally sue anyone you want for anything these days. That said, if I'm on the jury you're going to have a hell of a time convincing me an RV park is at fault from an act of god.

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Seconded.

Lawyers are a blight on society.

I think there will be many lawsuits unfortunately, people want to blame someone…. That was a 500 year flood.. if that's not an "act of god"…. Then what is ?

Sharpshooter said:

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Lawyers are a blight on society.

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Until you need em.

Brother Shamus said:

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Sharpshooter said:

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Lawyers are a blight on society.

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Until you need em.

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Even then

Haven't read the suit, but guessing part of their claim is they weren't properly warned of the possibility of flooding.

I sell industrial equipment.

Every warning label on that equipment is a result of a lawsuit...

It's the 99% of lawyers who give the 1% a bad name

does an RV resort carry more than a $1 MM liability policy?

and are exclusions for flooding standard?

Sharpshooter said:

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Lawyers are a blight on society.

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Somebody wanted to sue. The law still exists. Lawyers are just practicing their profession and recover whatever is just compensation for their client.

I'm an attorney and I'd like to think that I've helped out a lot of people. I certainly can't say I do it for the money. But, I employ members of my community and I offer counsel and advice to clients. My clients are happy to use my services. I don't solicit clients. I'd say most attorneys are like me. What makes us a blight?

Why can't they sue? I just don't understand this mentality. Acts of God can be planned for and mitigated. They didn't die because of a heart attack. They died during a flood in an area known as flood alley, the most deadly river system in the country. These floods do happen in central Texas. They aren't completely unexpected. And nobody warned them until it was too late. People died because flooding in a known flood area wasn't taken seriously enough. Lots of times lawsuits change habits going forward to prevent things from happening again. families were swept away in 2015 and we did jack **** to prevent it from happening again. I'm not a lawyer, but lawsuits serve a purpose other than looking for someone to blame.

Be prepared for a lot more, likely including some of the Camp Mystic families. Just a reality of insurance policies these days.

W said:

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does an RV resort carry more than a $1 MM liability policy?

and are exclusions for flooding standard?

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Liability insurance is for what is called "third party" claims -- i.e., a suit like this.

Flooding insurance or flooding exclusions to be more precise would be a "first party" claim. In other words, it would be the insured who tried to themselves collect for property damage, etc. through their own insurance policy. Insurer would say, no, floods aren't covered. Has nothing to do with a "liability" policy as the term is usually used.

With that said, there may be some exclusions in the liability policy. However, these policies usually require at least defense coverage (i.e. attorneys fees) for suits against the insured. The insurer will seek what's called a coverage opinion from another lawyer. There's a whole lot of legal mumbo jumbo after that -- as if there wasn't enough already -- so I won't go down that rabbit hole.

Failure to warn cases involve specific duties the RV park, in this case, would owe to its tenants. I don't know what the law in Texas is on those duties, but I'm skeptical of there being a specific duty to warn in this case, especially when the weather came in so fast. The RVers did, after camp at the banks of a river. It wasn't like Guadalupe Peak flooded and the owners of the surrounding property knew it was going to flood yet let hikers in there anyway.

Maybe don't camp on a river? Or at least assume the risk if you do. What's next, a lawsuit because a tornado siren didn't sound?

fullback44 said:

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I think there will be many lawsuits unfortunately, people want to blame someone…. That was a 500 year flood.. if that's not an "act of god"…. Then what is ?

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500 year flood or not, anyone living on a river, or in this case operating a campground, in Texas and especially in the hill country knows there is a risk of flash flooding. Their lawsuit probably states the campground did not properly mitigate that risk by having an evacuation plan or properly executing it if they did. I haven't read it yet, but that's what I assume it would say. You can't predict the particulars of the actual event, but that doesn't mean you can't adequately prepare for the eventuality.

Brother Shamus said:

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Sharpshooter said:

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Lawyers are a blight on society.

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Until you need em.

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If there were no lawyers, you wouldn't need a lawyer.

BMX Bandit said:

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Brother Shamus said:

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Sharpshooter said:

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Lawyers are a blight on society.

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Until you need em.

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Even then

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Self-burns are awesome!

Well played

bthotugigem05 said:

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Be prepared for a lot more, likely including some of the Camp Mystic families. Just a reality of insurance policies these days.

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I will be shocked if Camp Mystic ever opens again.

So the next hurricane, rent an RV and take it to the coast. Sue because the RV park didn't warn you about the hurricane.

ABATTBQ11 said:

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fullback44 said:

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I think there will be many lawsuits unfortunately, people want to blame someone…. That was a 500 year flood.. if that's not an "act of god"…. Then what is ?

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500 year flood or not, anyone living on a river, or in this case operating a campground, in Texas and especially in the hill country knows there is a risk of flash flooding. Their lawsuit probably states the campground did not properly mitigate that risk by having an evacuation plan or properly executing it if they did. I haven't read it yet, but that's what I some of would say. You can't predict the particulars of the actual event, but that doesn't mean you can't adequately prepare for the eventuality.

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This. It's all about what was reasonably foreseeable under the circumstances and what measures the owners of the campground/rv park//summer camp took to protect their customers. If those steps were what a reasonable owner would have done under the same or similar circumstances then there should not be any civil liability. On the other hand, if there were things a reasonable owner would have done, then there could be a breach of duty and the damages are clear.

The get-rich-from-tragedy lawsuit culture we live in nowadays is sickening

It's bull***** The canpground isn't responsible for the campers safety unless they created the hazard themselves. If faulty power supply electrocutes a camper, sure. But they don't control the weather and they're not responsible for keeping campers safe from external hazards.

Yesterday said:

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I mean you can literally sue anyone you want for anything these days. That said, if I'm on the jury you're going to have a hell of a time convincing me an RV park is at fault from an act of god.

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Of all the entities potentially at fault, a freaking RV park is the last entity I would expect to ensure my safety during a complex weather related event

The RV park could never have done enough to:
1) Avoid someone filing a lawsuit.
2) Help people on that scenario.
No matter what.

Sharpshooter said:

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Trial Lawyers are a blight on society.

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FIFY

FTACo88-FDT24dad said:

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ABATTBQ11 said:

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fullback44 said:

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I think there will be many lawsuits unfortunately, people want to blame someone…. That was a 500 year flood.. if that's not an "act of god"…. Then what is ?

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500 year flood or not, anyone living on a river, or in this case operating a campground, in Texas and especially in the hill country knows there is a risk of flash flooding. Their lawsuit probably states the campground did not properly mitigate that risk by having an evacuation plan or properly executing it if they did. I haven't read it yet, but that's what I some of would say. You can't predict the particulars of the actual event, but that doesn't mean you can't adequately prepare for the eventuality.

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This. It's all about what was reasonably foreseeable under the circumstances and what measures the owners of the campground/rv park//summer camp took to protect their customers. If those steps were what a reasonable owner would have done under the same or similar circumstances then there should not be any civil liability. On the other hand, if there were things a reasonable owner would have done, then there could be a breach of duty and the damages are clear.

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500 year flood = reasonably foreseeable? I remember the Guadalupe river floods of 1998. Horrific flooding. Won't ever happen again in our lifetime.

In 2002, 4 whole years later, the flooding was so bad Canyon Lake went over the spillway. If all the "authorities" are telling you this is virtually impossible, how much liability rests with the person who trusts them?

Ogre09 said:

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It's bull***** The canpground isn't responsible for the campers safety unless they created the hazard themselves. If faulty power supply electrocutes a camper, sure. But they don't control the weather and they're not responsible for keeping campers safe from external hazards.

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While their business and livelihood is being destroyed at the same time.

BMX Bandit said:

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Brother Shamus said:

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Sharpshooter said:

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Lawyers are a blight on society.

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Until you need em.

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Even then

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I starred both of these.

fullback44 said:

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I think there will be many lawsuits unfortunately, people want to blame someone…. That was a 500 year flood.. if that's not an "act of god"…. Then what is ?

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Hurricane Harvey. But the thousands of plaintiffs in the reclaimed swamp called Kingwood and along the adjacent waterways still found a way to blame someone else for their flooding.

BMX Bandit said:

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Brother Shamus said:

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Sharpshooter said:

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Lawyers are a blight on society.

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Until you need em.

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Even then

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Gator92 said:

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Haven't read the suit, but guessing part of their claim is they weren't properly warned of the possibility of flooding.

I sell industrial equipment.

Every warning label on that equipment is a result of a lawsuit...

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I once saw a warning, in English and Spanish, on a large container of pesticide for farm use that it was not to be used for washing livestock.

The Banned said:

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FTACo88-FDT24dad said:

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ABATTBQ11 said:

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fullback44 said:

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I think there will be many lawsuits unfortunately, people want to blame someone…. That was a 500 year flood.. if that's not an "act of god"…. Then what is ?

---

500 year flood or not, anyone living on a river, or in this case operating a campground, in Texas and especially in the hill country knows there is a risk of flash flooding. Their lawsuit probably states the campground did not properly mitigate that risk by having an evacuation plan or properly executing it if they did. I haven't read it yet, but that's what I some of would say. You can't predict the particulars of the actual event, but that doesn't mean you can't adequately prepare for the eventuality.

---

This. It's all about what was reasonably foreseeable under the circumstances and what measures the owners of the campground/rv park//summer camp took to protect their customers. If those steps were what a reasonable owner would have done under the same or similar circumstances then there should not be any civil liability. On the other hand, if there were things a reasonable owner would have done, then there could be a breach of duty and the damages are clear.

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500 year flood = reasonably foreseeable? I remember the Guadalupe river floods of 1998. Horrific flooding. Won't ever happen again in our lifetime.

In 2002, 4 whole years later, the flooding was so bad Canyon Lake went over the spillway. If all the "authorities" are telling you this is virtually impossible, how much liability rests with the person who trusts them?

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That place is right on the river. It wouldn't take a 500 year flood to wash it away. Again, you don't need to be able to predict an actual event, but you do need to be prepared. It's like requiring car insurance. You don't know if or when you'll have an accident, but you have to cover yourself for liability. Campground owner doesn't know if or when a flood will happen, but they need to be prepared just in case.

copy of petition for those interested:

https://gvilaw.com/wp-content/uploads/2025/08/Jayda-Floyd_Lawsuit.pdf