CORONADO (CBS 8) — The family of a man who died after his car crashed into the water at the Loew's Coronado Bay Resort has filed a lawsuit.  

The family claims the accident happened because the resort failed to fix an existing problem.  

Back on Dec. 18, the 54-year-old father was attending a wedding at the resort. He left in the early morning hours with his son and died pulling out of the parking lot. 

Lawyers for Carlos Rodriguez laid out part of their case. 

"He was parked in this location right here, he got stuck on a ridge, because there is a height differential between the soil and the cement," said family attorney James Frantz. "And then he gunned it to try to get out of the parking space and went right through that railing there." 

His son Eric Rodriguez was in the passenger seat and was injured in the crash.  

The family says the parking lot wasn't built to code. 

"We have not found one building permit or not a Coronado city permit that allowed this parking structure and situation to exist at all or that rinky dinky rod iron rail," said Frantz.  

They also point to a crash six weeks earlier when a Loew's employee stepped on the wrong pedal, crashed through the same fence and went into the bay. 

She suffered minor injuries thanks to a witness who helped her out. 

"They knew because that was their employee who went through that same fence on the same bridge and what did they do to repair, to change the wall? Nothing," Frantz said. 

The Rodriguez family filed the lawsuit against the Loew's resort, but it doesn't specify a dollar amount. 

Their attorney hopes it inspires other companies to install better safeguard. 

"In our opinion, this is not an accident. This is willful misconduct and conscious disregard by the hotel... [which] led to the death of Mr. Rodriguez," said Frantz.