Carbon Monoxide Gas Leak Suspected in Tourist Deaths at Hyatt Hotel in Mexico

What Happened

Carbon monoxide poisoning is suspected in the tragic deaths of two American tourists at the Hotel Rancho Pescadero near Cabo San Lucas on June 13, 2023. Abby Lutz and John Heathco were discovered unresponsive in their hotel room on Tuesday evening. Ms. Lutz was found in bed and Mr. Heathco was near the shower - which was still running. According to news reports, the air inside the room was so toxic that two of the first responders who entered the scene were later hospitalized.

Hotel Rancho Pescadero owned by The Hyatt Hotels Corporation

Hotel Rancho Pescadero is a Hyatt "Unbound Collection" property that opened in late 2022. It’s located in the small village of El Pescadero, Mexico, in Baja California Sur, not far from Cabo San Lucas. Hyatt Hotels Corporation was established in 1957 and is headquartered in Chicago, IL. Kreindler trial attorneys have pursued numerous cases in Illinois courts, including, most recently, 34 wrongful death cases against The Boeing Company related to the 737 Max airplane and the crash of Ethiopian Airlines flight 302 in 2019.

In the Media

Several current employees said that for months, hotel managers have ignored complaints about the strong smell of gas from both guests and employees.

Reportedly, the atmosphere inside the hotel room was so toxic, that two first responders were hospitalized.

According to an ABC News story, the Baja California Sur Attorney General's office stated that the cause of death was "intoxication by substance to be determined."

In a Los Angeles Times story published 3 days after the tragedy, several current and former employees said managers of the resort ignored repeated signs of a possible gas leak, including complaints from guests and disabled carbon monoxide detectors to stop the alarms from disturbing guests.

The Daily Mail reports that according to family members, the couple had sought treatment at a local hospital several days earlier for what they suspected was food poisoning. "We were told they were feeling much better a few days later."

Kreindler Experience Throughout the World and in Mexico

Kreindler & Kreindler has one of the world’s most experienced legal practices representing Americans traveling abroad, including numerous cases in Mexico. Additionally, Kreindler attorneys have successfully resolved cases against major hotel chains following the deaths of hotel guests on hotel property.

The firm is experienced in cross-border legal issues - both procedural and substantive, and our work routinely navigates international law challenges, including:

Challenging signed releases
Overcoming forum non conveniens (FNC)
Establishing personal jurisdiction
Working under the Foreign Sovereign Immunities Act (FSIA)
Pursuing parallel proceedings
Enforcing judgments

Photo of partner Noah Kushlefsky from Sripps video. — Kreindler Partner Noah Kushlefsky on Carbon Monoxide Automobile Cases

Kreindler attorneys have also successfully litigated carbon monoxide wrongful death cases, including cases involving automobile manufacturers due to issues with keyless ignitions.

Having helped so many, the firm understands the impact a wrongful death or serious injury can have on family and life. Kreindler has the knowledge and experience to litigate claims on behalf of local and foreign families in U.S. courts.

No law firm in the United States has handled more cases on behalf of people killed or seriously injured while traveling than Kreindler.

When a U.S. citizen is injured or killed abroad, particular legal options need to be addressed. Kreindler lawyers have likely represented more clients involved in cross-border cases than any other lawyers in the United States. Since 1950, the firm has focused its practice only on seriously injured or killed victims of personal injury.

Kreindler has offices in New York, Boston and Los Angeles.

Photo Credit: Baja California Sur, Mexico by @Wonderlane via Flicker