The family of Kayson Shelton has sued San Francisco’s Majestic Collection Fine Art Galleries following the two-year eight-month old’s death this June after being crushed by one of the gallery’s sculptures (see Toddler Killed in Tragic San Francisco Art Gallery Accident). The five-foot-tall statue of two dolphins fell on top of the boy who died hours later due to blood loss.

According to documents obtained by Courthouse News, the family was on vacation in the bay area when, walking on the sidewalk past the gallery, Kayson “was foreseeably attracted to the Dolphin Statue and made brief physical contact with it, at which point the Dolphin Statue immediately toppled over onto him.”

The boy remained conscious briefly, crying before being removed from underneath the 100-pound sculpture. He then fell unconscious and remained unresponsive as EMTs attempted to revive him on the sidewalk in front of the Majestic Collection, according to the family’s account. A previous account of the incident claimed that he was treated for a nosebleed at the scene and then transported to a hospital where he died of internal injuries.

According to the family’s complaint, the sculpture was in violation of city codes, which limit the height of objects placed outside of stores on the public walkway, to four feet. Any sidewalk displays require a permit. The Sheltons claim that by displaying the sculpture on the sidewalk the “defendants assume and exercise actual possession and control over the public sidewalk and essentially treat it as an extension of the retail showroom of Majestic.”