GORHAM, Maine — A parent's worst nightmare came true for one Maine Couple.
Two-year-old Oakley Schmidt drowned on May 22 in the community pool at Friendly Village of Gorham, a mobile home park community.
His parents, Jake and Natasha Schmidt, with hired attorneys Jeffrey Bennett and Brooke Bailey from South Portland-based law firm Legal-Ease announced Tuesday they are investigating the incident themselves.
"We're conducting a thorough investigation and intend to follow wherever the evidence leads and if at the end of that process, we find it's appropriate to file a lawsuit, we'll update the public," Bennett said.
Oakley was in the yard with his dad and brother on the day of the drowning.
"Jake looked up from putting burgers on the barbecue [and] 2-year-old Oakley darted off," Bennett said.
With the help of neighbors, the Schmidts spent 15 to 20 minutes looking for their son.
"Oakley was ultimately found face down in the community swimming pool at the Friendly Village," Bennett said.
Oakley's parents and their attorneys are asking the question, how did a 2-year-old gain access to the pool?
Attorneys played a preliminary video, which they claim shows the fence around the pool has been in bad shape for years and the property's owners saved money by not making repairs.
A move the parents blame for the loss of their son.
"No maintenance, no improvements," Bennett said. "Oakley was able to, what appears, to access the swimming pool because the fence was not secure. The sole purpose of the fence is to prevent tragedies like this. The fence was the last line of security to protect Oakley. That fence failed because Friendly Village did not make an investment into its infrastructure for many years. That was an intentional cost-saving measure that led to Oakley's death."
As part of their investigation, Legal-Ease hired a Maine-based safety civil engineer to survey Friendly Village and the pool area there.
Bennett said if the investigations produce evidence that Friendly Village is responsible for Oakley's death, they will consider seeking monetary compensation.
Bennett also said they hope this case will push other communities with swimming pools to take appropriate measures to avoid similar tragedies from happening to other Maine families.
NEWS CENTER Maine did reach out to Friendly Village of Gorham, but an employee there said she was told not to comment on the case.