SAN DIEGO (KGTV) - A Carmel Valley couple is taking legal action two years after a vacation in Mexico ended in horror, with the death of their toddler son at their hotel.
“Always happy, very smart. The most precious child ever,” said Anastasia Duboshina.
Two years ago, Nico Carter was just about to celebrate his second birthday, when his mom, Anastasia, and dad, James, took him on a family vacation to Mexico. They ended up with a room on the ninth floor of the Hyatt Ziva Puerto Vallarta.
After several days of fun, James and Nico were hanging out in a common area near their elevator and room, while Anastasia was inside packing a bag for the day.
“I still revisit that moment daily,” said James.
James snapped a photo of his son as they looked out at the beach, in front of a safety railing.
Moments later, it happened.
“He just took one step and fell through. I watched my boy fall nine stories to his death,” said a tearful James.
“I heard this scream I’ve never heard before by my husband,” said Anastasia.
“Surreal. I couldn't believe there wasn’t a piece of glass there,” said James.
James says the 3-foot wide panel of safety glass that was supposed to be there was not.
"You couldn’t even see there was no window pane,” said James.
A few days ago, the couple filed a lawsuit against a list of entities, including Hyatt Hotels Corporation, alleging the wrongful death of their son.
Robert Francavilla, the family's attorney, says those glass safety panels were standard in the hotel.
“You can see every single balcony is protected by safety glass in every single window opening,” said Francavilla of CaseyGerry Law Firm. “Every guest absolutely had the expectation of safety glass there for fall protection.”
Despite the missing panel, Francavilla says it wasn't noted in any way, and access to the area was never restricted.
The couple says they're hoping their suit will lead to better safety standards industry wide.
“I don’t want any other family to go through what we are going through. It’s unbearable. The pain doesn't go away,” said Anastasia.
ABC 10News reached out to the Hyatt Hotels for a response to the suit and is waiting to hear back.
