The family of a toddler who fell nine stories to his death while on vacation at a Hyatt resort in Puerto Vallarta, Mexico, has filed suit against the hotel and resorts giant, saying the company should pay for its workers' alleged failure to replace a pane of safety glass on a balcony that they say could have prevented the child's death.
The boy, Nico J. Carter, "fell from an open, unprotected floor-level window that was missing its pane and hit the concrete deck nine stories down below," says the lawsuit, filed in U.S. District Court for the Southern District of California. "He did not live to see his second birthday."
According to the lawsuit, the boy and his father, James Carter, were walking toward the elevator bay area of the hotel when the fall occurred.
"Nico walked up to what appeared to be a balcony area with safety glass panels near the elevators," the lawsuit states. "Nico was looking out the window in wonder at the 'stunning ocean vistas' that the Hyatt Ziva touts. Then suddenly, Nico vanished. James quickly realized to his horror that the area was not protected by safety glass panels. On that day, in that moment, Nico fell nine stories to his death."
The suit seeks unspecified monetary damages plus legal fee.
The plaintiffs are represented by attorneys Robert J. Francavilla, Jeremy K. Robinson, Adam B. Levine and David Casey III, of Casey Gerry Schenk Francavilla Blatt & Penfield LLP.
Carter v. Hyatt Hotels Corp. et al, U.S. District Court, Southern District of California, 3:23-cv-01838