The family of a three-year-old boy who died after being found in the backyard pool of his Forest Lake rental home is seeking more than $1 million in damages from the property owners.
Exodus was found in the pool in 2022 and taken to hospital, where he died 10 days later. His family has since launched legal action against property owners, alleging problems with the pool barrier had been raised before the drowning.
Family alleges repeated repair requests
The family’s statement of claim alleges the pool gate latches did not close properly, sections of barrier fencing were loose, and doors and windows providing access to the pool area were defective. The family alleges repeated requests were made for the problems to be repaired because young children lived at the property.
Exodus’s aunt Vanessa said the boy’s then-15-year-old uncle found him in the pool. She said the family believed Exodus may have gained access through the gate.
The family’s solicitor said the mother’s case alleges the owners had been made aware of problems with the pool and surrounding barriers before the drowning. The allegations have not been determined by a court. The owners are expected to defend the action but declined to comment when news outlets approached about the claim.
Queensland rules put focus on barriers
Queensland pool safety requirements place ongoing responsibilities on property owners. Pool barriers must be maintained and damaged barriers repaired, while owners are generally responsible for ensuring they comply with the applicable safety standard.
The Queensland Building and Construction Commission says pool gates must open away from the pool, self-close and self-latch from any open position. QBCC also advises owners to check that a closed latch cannot be pulled, pushed or jiggled open. Pool safety requirements also apply to windows that provide direct access to a pool area, with restrictions on how far some windows can open.
No court finding has established that the barrier at the Forest Lake property failed to comply with those requirements.
Rental homes carry added responsibilities
For rental homes with pools, the Residential Tenancies Authority says property owners must ensure their properties comply with health and safety laws, including pool safety requirements. Owners and property managers are also responsible for keeping pools and their fixtures in good condition.
Tenants must keep the pool area secure, report repair or maintenance problems in a timely manner and keep gates and doors providing access to the pool securely closed. QBCC also advises tenants to report unsafe pool fencing to their landlord.
Owners leasing a property with a pool must also meet pool safety certificate requirements. The RTA says owners must obtain a certificate from a licensed pool safety inspector and provide a copy with the tenancy agreement, while certificate details can be checked through Queensland’s pool safety register.
Unsafe fencing can be reported
Brisbane residents concerned about inadequate pool fencing can report the issue to Brisbane City Council. Council accepts complaints about inadequate pool fencing and may contact the property owner about a reported safety issue.
Exodus’s family is seeking more than $1 million in the civil action, which centres on its allegations about the condition of the pool barrier before his drowning. The case remains unresolved.
Published 29-Sept-2026
