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Family files wrongful death lawsuit after 2-year-old drowns in Macclenny retention pond

The lawsuit alleges that the owner of the property failed to install proper fencing around the pond, despite it being required by building permits.

The family of the 2-year-old who drowned in a retention pond in Macclenny, Fla. last month has filed a wrongful death lawsuit against the pond's property owner.

Franklin James Anthony Parker was found unresponsive and floating in a retention pond on April 23. He got out of the home undetected while in the care of his 18-year-old sister, authorities said.

A neighbor attempted CPR on Parker. He was transported to the hospital where he was pronounced dead.

READ MORE: DCF rules fatal incident involving toddler in Baker County a drowning

The retention pond is located on the property of Macclenny Cycle & Marine, which is owned by Stephen Claren Williams Jr. According to the court documents, Williams Jr. did not have proper fencing around the pond, which was required by building permits.

The lawsuit states that both Macclenny Cycle & Marine and Williams Jr. failed to provide a sign warning of the pond's depth, and it alleges they should have known the risk the unfenced pond posted to the public.

The lawsuit further alleges that the failure to install the fence led to  Parker's death.

"This tragedy was preventable," said attorney Glen Levine, Esq. "Our clients are devastated and we are working hard to ensure that those at fault take responsibility."

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