Calif. Couple Sues Hyatt Hotels After Toddler Fell to His Death Through Window at Mexico Resort

A California family is suing Hyatt hotels over the death of their one-year-old son, who fell nine stories to his death in 2021.

Nico Carter died on Oct. 11, 2021, after falling through an “open, unprotected, floor-level window that was missing glass” at the Hyatt Ziva hotel in Puerto Vallarta, Mexico, according to documents filed in Southern California District Court obtained by PEOPLE.

The boy’s father, James Carter, tells PEOPLE that he and his son were standing on a balcony connected to their shared floor when the boy fell through the opening.

Nico was supposed to celebrate his second birthday about two weeks after the trip was supposed to end, according to his father. Now he and his wife Anastasia Duboshina are seeking justice.

“We just feel it’s a real tragedy that he took it from us the way he did, especially with something so preventable,” James says.

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Nico Carter.

Photo courtesy of CaseyGerry

In a statement obtained by PEOPLE, a Hyatt spokesperson says Hyatt has “worked closely” with Playa Hotels and Resorts “in an effort to ensure a full and transparent investigation since this tragedy occurred in October 2021.”

“The safety and security of guests remains our highest priority, and our hearts go out to the family following this unimaginable loss,” added the spokesperson.

Hyatt purchased the property in 2014 after it had been operated by a separate entity for 45 years, according to the lawsuit. However, the company maintained that it does not directly own or operate Hyatt Ziva. Instead, the company claimed the property was managed by Playa Resorts Management Mexico, and still used the Hyatt logo.

Playa Hotels and Resorts did not immediately respond to PEOPLE’s request for comment.

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On the day of the fatal fall, Nico and his father, James, were waiting in the elevator area on their floor when Nico approached “what appeared to be a balcony with safety glass panels,” according to the lawsuit.

The couple told PEOPLE that Duboshina packed her bag before heading to the beach and pool to spend time together.

Duboshina came out of their room “at the exact moment Nico fell” and “heard her husband’s loud, guttural scream a short distance away,” according to the lawsuit. At that moment, she “immediately realized that something terrible had happened to Nico.”

Nico Carter.

Photo courtesy of CaseyGerry

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“I’ve never heard anything like that before,” Duboshina tells PEOPLE. “And my heart fell. I knew something terrible had happened. … That’s how my life changed.”

The next few days were a “whirlwind” for the grieving couple. James says he and Duboshina were taken “right away” to visit the morgue, get their son’s death certificate and more.

The couple stayed one more night – at the exact same hotel where the incident took place – before heading home. James says they had to leave Nico in Mexico for “just over a week.”

Instead of planning Nic’s second birthday, his parents suddenly found themselves planning his funeral. “You go from having a good time to a complete 180,” says James.

“It still feels surreal,” Duboshina tells PEOPLE. “I still can’t accept the fact that he is gone. Like, how is it possible that we’re still alive and he’s not here with us?”

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Before booking their trip, Nic’s parents “wanted to make sure their stay would be a safe and enjoyable experience,” and chose Hyatt after receiving numerous emails from the company “touting Hyatt’s pedigree and luxury status hotelier,” the lawsuit states.

Based on the promotions, the couple — “frequent Hyatt guests in the United States and World of Hyatt loyalty members” — believed Hyatt would “provide safe accommodations” consistent with its brand, according to the lawsuit.

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Nic’s parents are now suing for an unspecified amount in damages. They also hope that their lawsuit will help prevent a similar tragedy in the future.

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

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

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