California couple sues Hyatt Hotels as their toddler died after falling through hotel windows in Mexico

Credit: James Carter, Anastasia Duboshina and their late son Nico. PHOTO: PHOTO COURTESY OF CASEYGERRY via People

Hotel safety is something that is not addressed on a higher level. The architecture of a posh hotel needs to be on a level that is not only endearing to view but also safe for children and the elderly to walk around. Unseen accidents caused by unprotected railings can change the fate of a family within seconds.

People report an incident in Hyatt Hotels of Mexico where a California couple is suing the enterprise because their toddler of 1 year fell over an unprotected window nine stories down to his death back in 2021. According to documents filed in California Southern District Court that were obtained by People, Nico Carter died on October 11, 2021, after tumbling through “an open, unprotected floor-level window that was missing its pane” at the Hyatt Ziva Puerto Vallarta in Mexico.

The deceased toddler’s father, James Carter, made a statement to People, where he informed that his boy was standing on a balcony area of the floor where they were booked, and his son fell through the door without warning. Continuing in his statement, Carter commented that the 1-year-old would be celebrating his second birthday 2 weeks after their current trip and when the accident occurred. James, in his own words, said, “We just feel like it’s just a tragedy to have him taken from us in the manner he did, especially with something so preventable.”

As for Hyatt, a spokesperson has reported to People that Hyatt has worked “closely” with Playa Hotels and Resorts “in an effort to ensure a complete and transparent investigation since this tragedy occurred in October 2021.” Adding to this, “The safety and security of guests continues to be our highest priority, and our hearts remain with the family following this unimaginable loss.”

People report ‘ Hyatt purchased the property in 2014 after it was run by a separate entity for 45 years, according to the lawsuit. However, the company has argued that it does not directly own or run the Hyatt Ziva. Instead, the company has claimed the property is operated by Playa Resorts Management Mexico while still using the Hyatt logo.’

According to the suit filed by the parents of Nico, which was obtained by People, the son, and father were waiting in the elevator area on their floor when Nico walked towards a balcony that was reportedly protected by glass panels. The couple tells People that Duboshina (Nico’s mother) was packing a bag before they headed down to the beach and pool area to spend some leisure time together.

Duboshina, who finished packing and walked out of the door, saw the exact moment her son fell through. She “heard a loud, guttural scream from her husband just a short distance away,” the lawsuit inked. At that point, “she immediately realized something horrible had happened to Nico.” In her statement to People, the distraught mother said, “I’ve never heard anything like that before,” Duboshina adds, “And my heart dropped. I knew something terrible happened. … That’s how my life changed.”

And just like that, the couple was put into a “whirlwind” of shock and were immediately sent to the morgue for their son’s body, along with the formalities they had to carry out for his death certificate. Within two weeks, what would be Nico’s second birthday, the couple was planning his funeral. Their life took a 180-degree turn within a few seconds and dropped them into a hellhole which they could not escape from.

“You go from having a good time to just, a complete 180,” James elucidates. Adding to this, Duboshina tells People, “It still feels surreal,” and “I still cannot accept the fact that he’s gone. Like how is it possible we’re still alive and he’s not here with us?”

Nico’s parents are adamant about their justice, and they are suing the enterprise for an unspecified amount of damages. Specified by them, the reason for their fighting hard for justice is so that future accidents like these do not occur.

“I really hope that our tragedy will prevent future tragedies,” Duboshina reiterates to People “Maybe the hotel industry will take it more seriously.”

“If we can kind of draw attention to it and help save another life — whether it’s an adult or a child or anybody — when you go through what we went through, we don’t want it to happen again,” James adds to it.

Human lives are to be handled with care, and renowned hotels such as Hyatt should have ensured a cemented protected area, given its name and the amount of families that lodge in their quarters. This incident should be a wake-up call to all the hotel industries to take their job seriously.