Family of Brett Gardner Sues Resort Over Son's Death

Why this matters: This case highlights the importance of safety standards and accountability in the hospitality industry. It also underscores the devastating impact of carbon monoxide poisoning and the need for preventative measures.

The lawsuit claims the resort's mechanical room and its devices did not meet basic safety standards, resulting in elevated carbon monoxide levels. The family is seeking damages for several causes of action, including gross negligence, wrongful death, and emotional distress. All four members of the Gardner family experienced severe illness during their stay, with Brett Gardner suffering paralysis and his wife experiencing hallucinations. The lawsuit further alleges that the resort should have been aware of the dangers and that carbon monoxide monitors were absent from both the mechanical room and guest rooms. Costa Rican authorities raided the resort in September 2025 as part of their investigation. The carboxyhemoglobin saturation level in Miller Gardner's blood was found to be 64%, exceeding the lethal threshold of 50%.

The family alleges gross negligence, wrongful death, and emotional distress due to the resort's failure to maintain basic safety standards, leading to carbon monoxide poisoning.

Miller Gardner died from carbon monoxide poisoning.

The incident occurred at the Arenas Del Mar Beachfront & Rainforest Resort in Costa Rica.

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