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Premises Liability October 11, 2021 Puerto Vallarta, MX

Carmel Valley Family Settles Federal Wrongful Death Lawsuit Against Hyatt After Toddler's Fall in Puerto Vallarta

A federal wrongful death lawsuit filed by James Carter and Anastasia Duboshina of Carmel Valley against Hyatt Hotels Corporation — over the October 2021 death of their toddler son Nico from a balcony at Hyatt Ziva Puerto Vallarta — was dismissed with prejudice in February 2024, indicating a private settlement was reached.

Case Summary

Type
Premises Liability / Wrongful Death
Location
Hyatt Ziva Puerto Vallarta, Mexico
Incident Date
October 11, 2021
Victim
Nico Carter, age 1
Hazard
Missing balcony safety glass
Status
Settled / Dismissed (Feb 2024)

Hotel Location

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What Happened

In October 2021, Carmel Valley residents James Carter and Anastasia Duboshina were vacationing at the Hyatt Ziva Puerto Vallarta with their son, Nico. The family was staying in a ninth-floor room when Nico fell from the balcony to his death — just days before what would have been his second birthday.

According to the federal complaint later filed in the U.S. District Court for the Southern District of California, a protective pane of safety glass was missing from the balcony window, leaving an unmarked gap. The family alleged that Hyatt Hotels Corporation failed to maintain safe conditions at the property and did not warn guests about the structural hazard.

The Lawsuit and Resolution

The Carter family filed their wrongful death lawsuit against Hyatt Hotels Corporation, alleging negligence and failure to maintain a safe environment for guests. The case proceeded through federal court for nearly three years.

In February 2024, U.S. District Judge Cynthia Bashant signed an order of dismissal with prejudice following a joint motion from both parties. In civil litigation, a dismissal with prejudice typically signals that a private settlement has been reached — the case is permanently closed, and the claims cannot be refiled. The financial terms of the settlement remain confidential.

Legal Considerations

Premises Liability for Hotels

Hotels owe a legal duty of care to their guests, which includes maintaining safe physical conditions throughout the property. A missing pane of safety glass on a high-floor balcony — particularly without warnings or barriers — generally qualifies as a "dangerous condition" under premises liability law. Property owners can be held liable when known or knowable hazards cause harm.

Suing U.S. Corporations for International Incidents

When an accident occurs at a property owned, operated, or franchised by a U.S.-based corporation, families can often file suit in U.S. federal courts — even when the incident took place abroad. This is significant because it allows victims to pursue claims under more familiar legal standards rather than navigating foreign legal systems.

Wrongful Death of a Minor in California

California law allows parents to pursue wrongful death claims for the loss of a child. Recoverable damages can include funeral expenses, medical bills incurred prior to death, and non-economic damages for loss of love, companionship, comfort, and guidance — recognizing that the loss of a child carries unique and profound grief.

Child Fall Safety Context

~8,000
Children treated in U.S. emergency rooms daily for fall-related injuries
CDC Injury Center
#1
Falls are the leading cause of non-fatal injuries for children in the United States
CDC
Critical
Hotel balconies on upper floors are subject to building safety codes that typically require tempered safety glass, minimum railing heights, and barriers designed to prevent child falls. When these requirements are not met or maintained, the property owner may be liable for resulting injuries or deaths.
International Building Code / California Building Code

Frequently Asked Questions

Can I sue a U.S. hotel chain for an accident that happened at one of its international properties?
Often, yes. When a hotel is owned, operated, or franchised by a U.S.-based corporation, families can frequently file suit in U.S. federal court — even when the incident occurred abroad. Jurisdiction depends on the corporate structure, where the company conducts business, and the specific facts of the case.
What does "dismissal with prejudice" mean in a wrongful death case?
A dismissal with prejudice means the case is permanently closed and cannot be refiled. It typically occurs after a private settlement has been reached. The terms of these settlements are usually confidential, but the dismissal itself is a matter of public record.
What is premises liability, and how does it apply to hotels?
Premises liability is the legal duty of property owners — including hotels — to maintain reasonably safe conditions for guests. This includes regular maintenance, addressing known hazards, and warning visitors of dangers. When a hotel fails to meet this duty and a guest is injured or killed, the property owner can be held legally responsible.
What damages can a family recover in a wrongful death claim?
California wrongful death claims can include economic damages (funeral expenses, medical bills, loss of financial support) and non-economic damages (loss of love, companionship, comfort, and guidance). For the loss of a child, courts also recognize the unique grief and loss of future relationship.

Related Resources

Practice Area
Wrongful Death Attorney
Helping families seek justice and compensation after losing a loved one due to negligence.
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Premises Liability Lawyer
Representing victims injured by unsafe conditions at hotels, businesses, and private properties.
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