A CHILLING picture of a balcony where a toddler plunged to his death shows the hidden danger that caused him to fall.

Nico Carter, 2, was on holiday in Mexico with his parents when they tragically watched him fall from the ninth floor of the hotel.

James Carter and Anastacia Duboshina stared on in horror as their toddler fell through the window which had a missing pane.

The heartbroken parents have since filed a wrongful death lawsuit against Hyatt Hotels, accusing them of misconduct and negligence.

James, from San Diego, told the San Deigo Union-Tribune through tears: “I relive it every day.

“I was standing right there watching him fall nine stories. It’s awful.”

Little Nico was playing on the ninth floor balcony lined with glass panels moments before he died in 2021.

One of the panels was missing, without any cones, warnings, caution tape or signs, according to the lawsuit.

The glass sliding doors, which led out onto a very narrow balcony, apparently had a big enough gap for the toddler to accidentally pass through.

His devastated mother said: “Our boy’s death was so senseless and so completely preventable.

“We want justice. We chose Hyatt in the first place for its safety. We want them to take responsibility for what they’ve done.

“Because no parent should go through what we’re going through. It’s so painful.”

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James added: “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 heartbroken parents’ lawsuit claims that “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.”

Nico died just weeks before his second birthday at the Hyatt Ziva Puerto Vallarta hotel.

His mother was packing snacks for the family to take with them to the beach when she heard a horrible scream from her husband, the case alleges.

“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.”

“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.”

Anastasia told the San Deigo Union-Tribune: “In a fraction of a second, my life went from being everything to nothing.

“My world crashed into pieces in one second.”

She said she hopes the hotel industry will take Nico’s case seriously as a warning for safety measures in hotels.

“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 spokesperson for the Hyatt hotel chain said: “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.”