HOUSTON -

The family of a 5-year-old boy has filed a lawsuit against the Los Arcos apartment complex after the boy drowned in May. 

The apartment is located in located at 11315 Fondren Road in southwest Houston. 

Alex Adhikari drowned in the complex's swimming pool on May 12, and his family believes if it had been up to code, the accident could have been prevented. 

The lawsuit alleges the gate surrounding the pool did not self latch properly, was not the right height and there were several gaps in the fence.

Adhikari was able to get into the pool area, despite the gate being closed. He fell into the water and drowned. 

On May 13, Houston Department of Health and Human Services inspectors inspected the pool. They found several violations, including problems with the gate and the fence.

An attorney for the Adhikari family told Local 2 the boy's death was preventable.

He also said the Adhikaris came to Houston as refugees from Nepal and they were trying to give their kids a chance to live the American Dream. 

Alex was their only son.

"Ultimately, the parents want to start a pool inspection program to ensure that other apartment pools are in compliance with pool codes," said Fred Willumsen, the family's attorney. "They do not want something like this to happen to another family and they do not want their son to be just another statistic."

Local 2 reached out to the apartment complex and their corporate office for comment about the lawsuit, but our phone calls were not returned.