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Initially, the parents of 3-year-old Tyler Howell supported Montessori Preschool, where he died on August 8. However, the family has now obtained a local attorney who told 10News the preschool made some very serious mistakes.

"This was an unnecessary death that could have been easily prevented," said attorney David Casey.

Casey said the Howell family changed their minds and are pursuing a lawsuit after learning the state's Department of Social Services found the school committed three serious violations.

"One violation was that Tyler was not properly supervised. The second is they allowed sharp objects, like push-pins, to be in an area where children could reach them. Three, they didn't properly store them," Casey said.

Casey told 10News Tyler was allowed to go into a bathroom alone where push-pins were kept on the wall where a child could easily reach. It's something Casey called unacceptable and an accident he believes was absolutely avoidable.

"It's a tragedy that this happened. It did not have to happen. There's nothing anyone can do to bring back Tyler, but we can see some changes in schools to make sure this never happens again to another child," he said.

In addition to a lawsuit, 10News learned the family also wants to get laws changed to make sure push-pins aren't allowed at preschools.