Who was Nico Carter? Heartbroken parents sue Hyatt Hotels over their toddler son's 'wrongful death'
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SAN DIEGO, CALIFORNIA: A San Diego couple has sued Hyatt Hotel Corporations over the wrongful death of their son, Nico Carter. The 23-month-old toddler fell from the ninth floor of the balcony at Hyatt Ziva Puerto Vallarta in Mexico on October 11, 2021.
The balcony was unprotected with a missing window pane.
Nico's parents, James Carter and Anastacia Duboshina, have filed a lawsuit against the Hyatt Hotels Corporation and related companies, alleging "inexcusable negligence" that caused "the tragic and entirely preventable death of Nico."
Nico Carter's dad says 'I watched my son die'
The tragedy happened when the Carter family was vacationing at the Hyatt Ziva Puerto Vallarta in Mexico.
"Nico was standing right there in front of me. You couldn't see that there was a missing glass panel. I watched my son die in front of me. Nine stories," said Nico's father to CBS.
He also noted that Nico fell through an opening with a missing piece of safety glass on the balcony.
Nico fell onto the concrete deck after falling from the unprotected balcony.
"I heard this scream by my husband. I had never heard anything like that before, and I knew something terrible had happened," said Nico's mother, Duboshina.
Hotel failed to follow safety standards
Images submitted in the lawsuit show a sliding door that seemed to partially block the balcony on the 9th floor but had left enough space for the toddler to pass through. There were no cones, caution tape, or other warnings.
"In what world can a hotel have a glass pane missing on the 9th floor of a high-rise hotel?" said the family's attorney, Robert Francavilla.
Regarding the safety of the hotel, Duboshina said, "We chose Hyatt specifically for their safety and because they were a child-friendly resort, and that's exactly what we wanted to do, take our boy in a safe place with us and just enjoy the beach and have fun with him there."
Nico's father added that the family relied on Hyatt for a safe environment, but they were let down most tragically.
'No parent should go through that'
Two years after their tragic loss, the couple sued the hotel, determined to prevent another family from such a horrific experience. "No parent should go through that," said Duboshina. "No parent should bury a child."
Through the lawsuit, the parents want the company to ensure safety standards effectively so that no other family has to suffer a similar loss ever again.