While travel provides an opportunity for families to experience new sights and sounds and create new memories, it also has the potential to expose kids to new dangers. Sadly, for one couple, a tropical vacation ended with the latter. Today, they are mourning the tragic loss of their toddler son who fell from a hotel balcony and died.
Hauntingly, the couple captured some of the boy’s last moments as he stood looking out through a glass window pane, or what was supposed to be.
More from CafeMom: Sun & Water Safety Tips for Spring Break & Beyond!
Nico's father witnessed the horrific event.
Nico Carter was on a vacation with his parents, James Carter and Anastasia Duboshina, at the Hyatt Ziva in Puerto Vallarta, Mexico, the New Zealand Herald reported. The 1-year-old child tumbled through a missing balcony panel and fell nine stories from the building.
His father watched helplessly as the entire incident occurred on October 11, 2021. The American couple have now filed a wrongful death lawsuit against Hyatt Hotels.
More from CafeMom: 1-Year-Old Dies Falling from 11th Floor Cruise Ship Window After Grandpa 'Loses His Grip'
Nico died at the scene.
“I relive it every day,” James Carter told The San Diego Union-Tribune. “I was standing right there watching him fall nine stories. It’s awful.”
Nico fell more than 100 feet onto a concrete deck area. He died at the scene. “In a fraction of a second, my life went from being everything to nothing,” Duboshina said. “My world crashed into pieces in one second.”
The Hyatt Ziva Puerto Vallarta released a statement.
A spokesperson from the Hyatt released a statement after the lawsuit had been filed: “While it is our policy not to comment on potential or pending litigation, Hyatt has worked closely with Playa Hotels & Resorts, the operator of Hyatt Ziva Puerto Vallarta, in an effort to ensure a complete and transparent investigation since this tragedy occurred in October 2021. The safety and security of guests continues to be our highest priority, and our hearts remain with the family following this unimaginable loss.”
The lawsuit alleges wrongful death and negligent infliction of emotional distress. The suit also claims that Hyatt deceived the couple by misrepresenting itself, claiming that the Hyatt Ziva met the same standards as other Hyatt properties. The suit alleges it misled customers with a campaign that claimed the Ziva was owned and operated by the Hyatt corporation instead of other independent entities.
'No parent should go through what we’re going through,' Nico's mother said.
The room to which the family had been assigned came with a balcony area with glass panes as safety barriers. But one of the lower panes was missing. There were no cones, caution tape or warnings to alert guests of the missing panel, according to the lawsuit.
A photo from the room showed that a sliding door partially blocked the balcony but was small enough for a toddler to slide through. “And since the panels are clear, it was not possible for the Carters to visibly discern that one of the panels was absent,” the lawsuit alleges. “The danger was invisible.”
“Our boy’s death was so senseless and so completely preventable,” Duboshina said. “We want justice. We chose Hyatt in the first place for its safety. We want them to take responsibility for what they’ve done. Because no parent should go through what we’re going through. It’s so painful.”
They hope the lawsuit will prevent another tragedy.
The couple is using the lawsuit, which requests an unspecified amount of damages, as a way to prevent another tragedy. Duboshina hopes the suit will prompt hotel chains around the world to take safety more seriously.
“Hopefully the hotel industry will take it seriously — not just Hyatt, but all the hotels,” Duboshina said. “Hopefully, maybe, by filing this lawsuit, if we prevent one death of another child, the mission is accomplished. Our child didn’t die for nothing.”
