San Diego-based law firm CaseyGerry has filed a wrongful death lawsuit in San Diego Federal Court on behalf of the family of Nico Carter, a young child who died in 2021 after falling from the ninth floor of Puerto Vallarta, Mexico’s Hyatt Ziva hotel.
According to CaseyGerry partner Robert J. Francavilla, the suit (James Carter and Anastasia Duboshina v. Hyatt Hotels Corporation) was filed on October 5, 2023, on behalf of Nico Carter’s parents – James Carter and Anastasia Duboshina – against global hotel giant Hyatt Hotels Corp., following the preventable death of their 23-month-old son. Francavilla states, “Nico fell from an open unprotected floor-level window that was missing its pane and hit the concrete deck nine stories below. Tragically, he did not live to see his second birthday.”
Hyatt entities were negligent in that they failed to use reasonable care to keep the Hyatt Ziva Puerto Vallarta in a safe condition, which would have prevented Nico’s tragic death, the complaint alleges.
According to the complaint, “On the morning of October 11, 2021, James Carter and his almost two-year-old son Nico walked from their hotel room to the elevator bay area. James watched as Nico walked up to what appeared to be a balcony area with safety glass panels near the elevators. Then suddenly, Nico vanished. James quickly realized to his horror that the area was not protected by safety glass panels. On that day, at that moment, Nico fell nine stories to his death.”
The complaint further states the “defendant claimed it is the perfect spot for ‘family fun,’ and that the Hyatt Ziva puts ‘safety first.’ The Carters believed the defendants’ representations.” Furthermore, the complaint says, “the Hyatt Ziva website reassured them stating “safety first, well-being always.”
Francavilla added, “Instead, the Carters lost their only child – the most tragic and painful loss a parent can endure. The pain is even more severe when the death is so easily preventable as it was here.”
The child’s parents, Duboshina and Carter, say their goal is to seek justice for their son Nico and prevent future tragedies.
“I remember how happy we were to plan a family trip to such a beautiful and family-oriented resort,” Duboshina said. “Nico was almost two years old, and we had also been planning his birthday celebration for when we returned from our trip. Instead, we had to plan his funeral. They shouldn’t have to make coffins so small, and no parent should have to bury a child. I don’t know how I survived, but I know I buried a part of myself alongside my son.”
In a joint statement, Nico Carter’s parents said “Nico’s death was senseless and completely avoidable. We want justice for our son. We relied upon Hyatt for its safety and want Hyatt to take responsibility for its conduct. We hope that through this lawsuit nothing like this ever happens again at any resort or hotel, and that the hospitality industry feels the gravity of what senseless mistakes and carelessness can cause.”
James Carter, Anastasia Duboshina and Son Nico