The lawsuit, filed by Motley Rice LLC, accuses the hotel of gross negligence and wrongful death following the death of the minor, identified as Miller.
According to the legal document, the young man died of carbon monoxide poisoning while staying with his family at the resort in Costa Rica.
Authorities confirmed the cause of death
Weeks after the incident, Costa Rican authorities determined that the cause of death was exposure to carbon monoxide inside the hotel room.
At the time, the family said the child “became ill” while on vacation, without initially knowing what had happened.
The family demands accountability from the hotel
In the lawsuit, the Gardners claim that the tragedy could have been avoided. They argue that the hotel failed to meet basic safety standards and that there were pre-existing hazardous conditions.
In addition, they claim that other guests allegedly suffered similar situations in the same rooms, reinforcing the accusation of negligence.
The charges included in the lawsuit include:
- Wrongful death
- Gross negligence
- Emotional distress
- Breach of warranty
Hotel remains silent as case progresses
Arenas Del Mar Beachfront & Rainforest Resort expressed its condolences at the time and said it would cooperate with the authorities during the investigation.
However, it has yet to issue an official response following the filing of the lawsuit.
A case that seeks to raise awareness
Almost a year after the death, Brett Gardner said this has been the most painful period for his family and reiterated his intention to seek justice.
The former player also said that he hopes this case will serve to raise awareness and prevent similar tragedies in the future.