Tragic Fall at Hyatt Resort: Parents File Lawsuit
Heartbroken parents from San Diego, James Carter and Anastacia Duboshina, have taken legal action against Hyatt Hotels and related companies after their 23-month-old son’s tragic fall from the ninth floor of a Hyatt resort.
The toddler, Nico Carter, fell from a window with a missing pane during their family vacation at Hyatt Ziva Puerto Vallarta in Mexico back in 2021.
The parents have filed a wrongful death lawsuit against the hotel chain, alleging misconduct and negligence in their son’s unfortunate death.
The Heartbreaking Incident
Nico Carter’s parents, James Carter and Anastacia Duboshina, had to witness the unimaginable as their son tragically fell from an unprotected window with a missing pane.
This heart-wrenching incident occurred during their stay at Hyatt Ziva Puerto Vallarta. The lawsuit alleges severe misconduct and negligence on the part of the hotel in Nico’s death.
The Missing Pane and Lack of Warning
The lawsuit claims that one of the glass panels on the balcony was missing, and there were no cones, caution tape, or other warnings to indicate the danger.
The sliding door seemed to partially block the balcony, but it left enough space for the toddler to pass through, making it a perilous situation.
The complaint argues that the transparent nature of the panels made it impossible for the Carters to visibly discern that one of them was absent, rendering the danger invisible.
A Grief That Lingers
Tragically, Nico Carter didn’t live to see his second birthday, and his parents marked the two-year anniversary of his death with profound grief.
His mother, Anastacia Duboshina, expressed the profound impact her son had on their lives, stating, “He was the best thing that ever happened to me, the sweetest boy ever.
This world was so good with him in it.” The pain of their loss remains deeply ingrained in their hearts.
A Tragic Morning
The heart-wrenching incident unfolded on October 11, 2021, when Duboshina was preparing snacks and beach supplies for Nico, and her husband, James Carter, took the toddler toward the elevator.
Anastacia walked out of the hotel room to signal that she was ready when she suddenly heard a horrifying scream from her husband.
Tragically, Nico had stepped onto the balcony, between the open sliding door and the part of the railing missing the panel, and fell more than 100 feet to a concrete deck area.
An Unimaginable Loss
James Carter had to witness the devastating sight of his son’s fall. Anastacia Duboshina described the immediate aftermath, saying, “In a fraction of a second, my life went from being everything to nothing.” The parents’ lives were shattered in an instant by the profound tragedy.
Their grief is immeasurable.
Seeking Justice and Preventing Future Tragedies
The grieving parents hope to prevent other families from experiencing the loss they endured. They have taken legal action against Hyatt to hold the hotel industry accountable for safety measures.
Anastacia Duboshina expressed their mission, saying, “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.”
Hyatt’s Response
In response to the lawsuit, a spokesperson for Hyatt stated that their policy is not to comment on potential or pending litigation.
They emphasized that Hyatt had collaborated with Playa Hotels & Resorts, the operator of Hyatt Ziva Puerto Vallarta, to ensure a thorough and transparent investigation following the tragedy in October 2021.
The safety and security of their guests remain a top priority, and the hotel expressed its condolences to the grieving family.
Legal Pursuit for Justice
The lawsuit, which alleges wrongful death and negligent infliction of emotional distress, seeks an unspecified amount of damages.
The grieving parents are pursuing justice and accountability through the legal system, hoping to prevent similar incidents in the future.
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