Raleigh family considering lawsuit after toddler drowns in community pool

Austin Thomas III drowned in a pool in the McKinley Mill neighborhood last Wednesday. Thomas had been reported missing and was last seen at a nearby playground just a few feet away.

Emergency responders found the toddler at the pool just before 8 p.m. The pool is not scheduled to open until May, neighbors said.

Thomas' family's attorney, Rod Dixon, said the family is only pursuing a claim right now and a lawsuit hasn't been filed yet. But should it get that far, Dixon said negligence was at play.

Dixon said the night Thomas drowned, the family claims one of the slats in the pool fence was missing, which gave the two-year-old the ability to slip past and enter the pool.

"Several [slats] were bent, and one in particular was missing, and that's where the child went through and got into the pool and drowned," said Dixon.

Dixon said Thomas was with his mother that night when he managed to get away. But, the pool was the last place the family considered looking, he said. Dixon said the negligence is on McKinley Mill's end.

"It is their responsibility from a year-round standpoint to make sure the barrier that's supposed to be in place by law to protect against people going inside is maintained properly," said Dixon.

Dixon said there's surveillance video of Thomas entering the pool.

"There is video of the child getting through, and there's video of him getting into the pool and losing his life," he said.

The McKinley Mill Homeowner's Association Board said they "are cooperating with the investigation and have sympathy for all those involved." In a statement, the HOA said they couldn't comment further right now because of the investigation.

Thomas' funeral is scheduled for Saturday.