The final photograph of Nico Carter, a one-year-old boy, reveals the unseen peril he was in just before he tragically fell nine stories from a balcony in Mexico. The image, part of a wrongful death lawsuit filed by his parents against Hyatt Hotels, shows Nico standing next to a sliding glass door on a balcony overlooking a beach in Puerto Vallarta, with one foot precariously over the edge.
The lawsuit alleges that a floor-level window panel beneath a railing was missing, with no warning signs or caution tape to alert Nico’s parents, James Carter and Anastacia Duboshina, to the potential danger. The sliding door partially obstructed the balcony, but left just enough space for the toddler to slip through.
The lawsuit further states that the clear panels made it impossible for the Carters to notice that one was missing. The danger, it asserts, was effectively invisible. The suit accuses Hyatt of negligence and misconduct.
On October 11, 2021, Nico was playing on the ninth-floor balcony when he slipped through the missing glass panel at the Hyatt Ziva Puerto Vallarta, according to the lawsuit. His father, James, witnessed the horrifying incident. “I watched my son die in front of me,” he told CBS 8, adding that the missing glass panel was not visible.
At the time of the incident, Duboshina was preparing snacks for the family. She rushed out of the hotel room after hearing her husband’s terrified scream. The lawsuit states that Nico had stepped onto the balcony through the open sliding door and the part of the railing missing the panel, and fell more than 100 feet to a concrete deck below.
Duboshina described the moment as shattering her world in an instant. She called Nico’s death “senseless and completely preventable.” The couple had chosen to stay at a Hyatt Hotel because of its reputation for safety and being family-friendly. They now seek justice for their son’s untimely death, which occurred just weeks before his second birthday, and are seeking an unspecified amount in damages.
Duboshina expressed hope that the lawsuit would serve as a warning to the hospitality industry to ensure safety measures in hotels. She described Nico as “the best thing that ever happened to me, the sweetest boy ever.”
In response, a spokesperson for Hyatt Hotels stated that while they do not comment on potential or pending litigation, they have been working closely with Playa Hotels & Resorts, the operator of Hyatt Ziva Puerto Vallarta, to ensure a thorough and transparent investigation since the tragedy in October 2021. They added that the safety and security of their guests remains their highest priority, and their hearts are with the family following this unimaginable loss.