Anthony Hicks II and Desiree Williams are seeking a jury trial and unspecified damages.
RELATED: Man dies after falling from Carnival cruise ship
ALSO: Boy, 5, dies after getting stuck at Sun Dial restaurant
The complex’s property management company, Matrix Residential, said the apartment community is “deeply saddened by this tragedy” in an email to The AJC.
“We are taking this situation very seriously and have implemented safety precautions including permanently sealing all similar windows,” Matrix said. “Because the incident is still under investigation, this is all the information we can share at this time.”
After Anthony’s death, the complex installed safety features on the windows, Apolinsky said. The window where Anthony fell was bolted shut and a metal grid was installed, he said.
The day Anthony died, the lawsuit states, no such features were in place.
“Without any such features, a person approaching the fifth-floor window would be prevented from readily discerning whether it was in a closed state or a fully unprotected state due to the fact it looked essentially the same regardless of whether it was open or shut,” the lawsuit states.
Anthony’s parents filed the lawsuit in hopes of preventing other families from enduring a similar tragedy, according to their attorney.
“They’re just trying to get by day by day, but they are still distraught over losing their son,” Apolinsky said.
Anthony would have celebrated his second birthday Dec. 3.