Heartbroken parents sue Hyatt resort in Mexico after their toddler, 2, fell NINE stories to his death because of missing window panel on balcony: 'I watched my son die in front of me'

• e-mail

Heartbroken parents from San Diego have filed a lawsuit against Hyatt Hotels after their 23-month-old son fell to his death from the ninth floor.

James Carter and Anastacia Duboshina witnessed their son, Nico Carter, tragically fall from an unprotected window with a missing pane during their vacation at Hyatt Ziva Puerto Vallarta in Mexico in 2021.

The parents have filed a wrongful death lawsuit against Hyatt Hotels Corporation and related Hyatt companies, alleging misconduct and negligence in the unfortunate death of Nico Carter.

'Nico was standing right there in front of me. You couldn't see that there was a missing glass panel. I watched my son die in front of me. Nine stories,' Carter told CBS.

Baby Nico was playing in a balcony area near elevators on the ninth floor of the hotel. However, one of the glass panels was missing, without cones, caution tape, or other warnings, according to the lawsuit.

Nico Carter, 23 months old, fell from an unprotected window with a missing pane at a Hyatt hotel in Mexico 

The family was on their vacation at Hyatt Ziva Puerto Vallarta in Mexico in 2021

James Carter (left) and Anastacia Duboshina (right) witnessed their son, Nico Carter, die in front of them

The sliding door seemed to partially block the balcony but left enough space for the toddler to pass through, an image included in the lawsuit shows. 

Their civil complaint alleges: '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.'

Baby Nico Carter didn't live to see his second birthday. And his parents mourned him on the two-year anniversary of his death. 

Duboshina said: 'He was the best thing that ever happened to me, the sweetest boy ever. This world was so good with him in it.

'We'll never get over it. We still have his bedroom. We couldn't get rid of it. We just couldn't do it,' James Carter said while sobbing. 

The sliding door seemed to partially block the balcony but left enough space for the toddler to pass through

Duboshina was packing snacks and beach supplies for Nico on the morning of October 11, 2021, while her husband took their son toward the elevator. 

 '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,' the lawsuit reads. 

'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,' the suit continues. 

James Carter watched his son die in front of him. 

'In a fraction of a second, my life went from being everything to nothing,' Duboshina told San Diego Union-Tribune Wednesday. 'My world crashed into pieces in one second.' 

Duboshina said: 'He was the best thing that ever happened to me, the sweetest boy ever. This world was so good with him in it'

James Carter said: '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 parents want to prevent another tragedy through their lawsuit 

The parents want no other family to suffer the loss as they did. 

'Hopefully the hotel industry will take it seriously — not just Hyatt, but all the hotels,' Duboshina said.

'Hopefully, maybe, by filing this lawsuit, if we prevent one death of another child, the mission is accomplished. Our child didn't die for nothing. 

A Hyatt spokesperson said in a statement: '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.' 

The lawsuit. alleging wrongful death and negligent infliction of emotional distress, seeks an unspecified amount of damages.