Last year, the MLB community faced an utter shock as former Yankee Brett Gardner’s younger son died on their family vacation. Initial investigations indicated inhalation of carbon monoxide as the cause of death at their Costa Rica resort. Now, after one year with the required investigations over and the Gardner family stabilized from their initial shock. The former Yankees star is taking a decisive step to hold the resort accountable.

“This has been the most excruciating year for our family. We felt all along that this tragedy could have been prevented, and the preliminary investigation reports confirmed our beliefs,” Garner said in a release from Motley Rice LLC.

“We are committed to raising awareness and pursuing meaningful change. Our hope and prayer is that by taking this stand for accountability, we can help prevent another family from suffering from such a tragedy.”

So, as per the Gardner family, the tragedy is absolutely due to negligence and could have been avoided. The family is now seeking damages “for gross negligence, wrongful death, emotional distress, vicarious liability, breach of warranty, loss of filial consortium and other causes of action,” according to the Motley Rice law firm.

Now the question is how serious the damage could be. And how much the resort needs to pay to settle the lawsuit. In an ideal scenario, the court could award damages exceeding $1 million if the family proves the resort’s negligence caused the casualty. Still, the final amount will depend on the victim’s age, income, and emotional loss, often exceeding $1 million if major negligence is proven.

In this case, Brett Garder’s younger son was just 14 during the tragedy. And the emotional loss that happened is unparalleled. So, the damages could be huge.

Back in March, the Gardner family was vacationing in Costa Rica. Their room in the resort was just next to a mechanical room. Reportedly, poisonous gas started leaking out at night, and it entered Gardner’s room. It caused the family members to vomit, and they started gasping for fresh air. Brett Gardner “suffered severe vomiting and paralysis and was unable to use his arms or legs.” His wife, Jessica, “was cold, nauseous, weak, disoriented, and suffering from hallucinations.”

However, their younger son, Miller, couldn’t survive. Reportedly, Miller inhaled carbon monoxide, which led to the formation of the toxic compound carboxyhemoglobin. While doctors consider any level above 50% lethal, Miller’s saturation level peaked at 64%.

While no amount of money can replace Miller, this lawsuit demands the compensation necessary to hold the resort accountable.

Brett Gardner adds to the tragic list of MLB players

Before Gardner, few names in MLB faced tragedy in relation to their family members. A few even sued the MLB teams for negligence.

For example, following the tragic death of the Angels pitcher Tyler Skaggs in 2019, his family sued the franchise for negligence. After seeking nearly $100 million in damages, the Skaggs family settled their wrongful death lawsuit against the franchise last year.

Then, following the death of Twins prospect Ryan Costello (2019) in a hotel room in New Zealand, his parents navigated complex legal issues regarding an MLB arbitration clause to seek compensation and determine liability in his death.

While families in the Skaggs and Costello tragedies sued the baseball franchises, Gardner filed his lawsuit against the resort. He excluded the New York Yankees from the case entirely. They even shared their note following the tragic news and offered all possible support.

Still, the Yankees’ Gold Glove entered an unwanted list of tragedies with the MLB stars.

This lawsuit, however, is less about the settlement and more about the safety standards. By suing the resort, he is fighting to prove negligence on the resort’s part and also to force a standard of care.