WA town settles $15M lawsuit after boy drowns at summer camp

Summer camp safety lawsuit highlights gray areas

As summer begins and school lets out, children across the Sound are heading to summer camp. However, parents are concerned about the safety of their children, particularly when they are out in the water.

STEILACOOM, Wash. - As summer begins and school lets out, children across Puget Sound are heading to summer camp. However, parents are concerned about the safety of their children, particularly when they are out in the water.

The City of Steilacoom has agreed to pay $15 million to the family of DJ McCutcheon, a 13-year-old boy who drowned while attending a summer camp in July 2022. The settlement comes after DJ's family filed a lawsuit claiming negligence on the part of the camp.

DJ McCutcheon attended the camp run by the Steilacoom Community Center at Florence Lake on Anderson Island. Although DJ could swim, he had never swum in open water before. He drowned after heading towards a platform about 40 feet from the shore. According to the lawsuit, he and other children were left unattended by counselors. DJ was underwater for about five minutes before being noticed.

According to Micah LeBank, the family's attorney, the Steilacoom camp run by the community center shut down prior to the lawsuit filed by the McCutcheon family.

"It's a lack of training," LeBank said. "It's a lack of supervision and a lack of oversight on the part of the camp itself. These young counselors, in my mind, are victims, as well. They are young men and women working with children. This camp, in my opinion, wasn't equipped to handle excursions such as this."

LeBank believes that DJ's death could have been prevented if proper safety measures were in place, such as asking the simple question, "Do you know how to swim?" and providing life jackets.

The incident raises a critical question: Who regulates summer camps?

"What we learned pretty quickly in Washington state is that there is no regulation of summer camps, through the State of Washington or the Department of Health, which was quite a surprise," said LeBank.

FOX 13 News reached out to the Washington State Department of Health, who said at "first glance, these are probably handled at the county or city level."

The American Camping Association offers an accreditation process, but it is voluntary. The camp where DJ drowned was not accredited by the ACA.

"We want to believe that those camps are doing the right thing, but I do think we, as parents, have to be diligent," LeBank said.

"Water can be really fun, but it can also be very dangerous," said Sgt. Darren Moss with the Pierce County Sheriff's Department.

Moss warns parents as Pierce County has already had several incidents requiring swift water rescue teams this season.

In response, the Pierce County Health Department provided FOX 13 with the following statement:

"Washington state law provides health officers limited ability to oversee overnight camps. You can read more about those duties in this WAC.

Day camps in Washington state do not fall under our jurisdiction. Day camps must adhere to county or local government regulations related to childcare businesses. You can find out more information about school-age care programs like these on DCYF’s website."

As the settlement awaits finalization, the community mourns the loss of DJ McCutcheon, remembered as a wonderful young man dearly loved by his parents.

"The loss of DJ was just an absolute tragedy," LeBank said. "He was a wonderful young man. Very, very dearly loved by his parents, and they would give anything to have DJ back."

LeBank says DJ's parents will use the settlement money to fund a water safety non-profit in his honor which will also give out scholarships.

WATER SAFETY TIPS FROM THE CDC:

DO learn to swim. If you like to have a good time doing water activities, being a strong swimmer is a must.
DO take a friend along. Even though you may be a good swimmer, you never know when you may need help. Having friends around is safer and just more fun!
DO know your limits. Watch out for the "too’s" — too tired, too cold, too far from safety, too much sun, too much hard activity.
DO swim in supervised (watched) areas only, and follow all signs and warnings.
DO wear a life jacket when boating , jet skiing, water skiing, rafting, or fishing.
DO stay alert to currents. They can change quickly! If you get caught in a strong current, don’t fight it. Swim parallel to the shore until you have passed through it. Near piers, jetties (lines of big rocks), small dams, and docks, the current gets unpredictable and could knock you around. If you find it hard to move around, head to shore. Learn to recognize and watch for dangerous waves and signs of rip currents — water that is a weird color, really choppy, foamy, or filled with pieces of stuff.
DO keep an eye on the weather. If you spot bad weather (dark clouds, lighting), pack up and take the fun inside.
DON’T mess around in the water. Pushing or dunking your friends can get easily out of hand.
DON’T dive into shallow water. If you don’t know how deep the water is, don’t dive.
DON’T float where you can’t swim. Keep checking to see if the water is too deep, or if you are too far away from the shore or the poolside.