The family of a 14-year-old boy who tragically died while on holiday in Costa Rica is taking legal action against a luxury resort, alleging a failure to meet safety standards led to the loss of their son. Brett Gardner, a former New York Yankees player, and his wife Jessica filed a lawsuit against the Arenas Del Mar Beachfront & Rainforest Resort following the death of their son, Miller, due to carbon monoxide poisoning last year.
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The couple’s court documents, reported by PEOPLE, outline their claims that the resort’s negligence directly contributed to their son’s untimely death on 21 March 2025. The Gardners contend that “dangerous levels of carbon monoxide” leaked into their hotel accommodation because of a poorly ventilated water heater situated in a mechanical room. They assert that these toxic gases infiltrated their living space, resulting in injuries to the family and ultimately, the death of Miller.
In a poignant statement shared through their legal team, Brett Gardner described the past year as “the most excruciating” of their lives. He expressed a profound sense of loss, noting, “We felt all along that this tragedy could have been prevented.” The Gardners are not only seeking damages for the wrongful death of their son but also for the emotional and physical suffering endured by each family member due to the incident.
Their legal action is based on multiple complaints, including gross negligence, breach of warranty, and emotional distress. They are aiming to hold the resort and its owners accountable for the devastating impact the incident has had on their lives. The Gardners have also expressed a desire to raise awareness around safety standards in hospitality settings to prevent similar occurrences in the future.
According to the lawsuit, the sequence of events leading to the family’s illness began on the night of 20 March 2025. Brett Gardner woke feeling “violently ill” and described a harrowing experience where he felt he was “fighting for his life.” His symptoms included severe vomiting and a debilitating sense of paralysis. Meanwhile, Jessica Gardner reported waking up disoriented and injured, with no recollection of how she ended up on the bathroom floor.
Their older son, Hunter, also experienced alarming symptoms, which mirrored those of his parents. He managed to crawl his way to open the terrace door, allowing him access to fresh air, which subsequently led to a slight improvement in his condition. These testimonies highlight the chaotic and distressing scene that unfolded within their hotel accommodation during their family holiday.
Following the tragic loss, the Gardners took to social media to share the heartbreaking news of their son’s passing. They remembered Miller as a bright and cherished 14-year-old, taken far too soon. “We have so many questions and so few answers at this point,” they wrote in their announcement, revealing the profound grief enveloping their family after such a devastating event.
An autopsy confirmed that Miller’s death was indeed due to carbon monoxide poisoning, prompting ongoing investigations by Costa Rican authorities into the incident. As the legal proceedings against the resort unfold, it appears that public scrutiny will continue to focus on the safety measures, or lack thereof, that were in place at the hotel during the family’s stay.
The hotel’s management has yet to respond to media inquiries regarding the lawsuit, leaving many to wonder how they will address the significant allegations levelled against them. The Gardners seek not only justice for their son but also hope that their actions will inspire changes in safety protocols within the hospitality industry to ensure that such a tragedy does not repeat itself.