Harrowing final picture of toddler shows danger that led to his death

San Diego Couple Sues Hyatt After Their Son Falls To His Death

A harrowing picture shows the final moment before a toddler fell to his death as his helpless parents watch on in horror.

James Carter and Anastacia Duboshina were on holiday with their two-year-old son Nico in Mexico.

They were staying at a Hyatt hotel, where their boy fell from the ninth floor because a window had a missing pane.

Father James told the San Diego Union-Tribune: “I relive it every day.

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“I was standing right there watching him fall nine stories. It’s awful.”

Nico’s tragic death came in 2021. It was caused by a missing panel which was not marked by any cones or warning signs.

A photo of Nico was taken on the balcony before his death, serving as a heartwrenching reminder of how he lost his life.

His mother added: “Our boy’s death was so senseless and so completely preventable.

“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.”

James continued: “We’ll never get over it. We still have his bedroom. We couldn’t get rid of it. We just couldn’t do it.”

The heartbroken parents’ lawsuit claims that “Since the panels are clear, it was not possible for the Carters to visibly discern that one of the panels was absent.

“The danger was invisible”.

The parents have since filed a wrongful death lawsuit against Hyatt Hotels, accusing them of misconduct and negligence.

Anastasia recalled that she was putting away snacks for the family before they headed to the beach when she heard Nico’s scream.

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The parents’ lawsuit reads: “Anastasia walked out of the hotel room door to let James and Nico know she was ready when she suddenly heard a horrible scream from her husband.

“Nico had stepped onto the balcony between the open sliding door and the part of the railing that was missing the panel and plunged more than 100 feet below to a concrete deck area.”

Anastasia added: “In a fraction of a second, my life went from being everything to nothing.

“My world crashed into pieces in one second.”

The mother hopes that the lawsuit will “prevent one death of another child, the mission is accomplished. Our child didn’t die for nothing.”

A spokesperson for the Hyatt hotel chain said: “While it is our policy not to comment on potential or pending ligation, 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.”

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