SAN DIEGO — "I just wish this didn’t happen to us," said mother, Esmerelda Garcia.
A San Ysidro family went on a vacation to create memories and instead went through a nightmare.
"I am struggling just living and breathing without her. She was my rainbow baby. She is and always will be my everything," said Garcia.
Back in November 2021, Garcia and her husband, Ricardo Colin, planned a Puerto Vallarta trip with their 2-year-old daughter, Grezhia and other family members.
They booked a family villa labeled "kid friendly" through the Airbnb app.
Within 20 minutes of arriving at the villa, Attorney Omid Rejali says little Grezhia was found floating in the swimming pool.
"Little Grezhia walks up the steps, we suppose, because nobody saw her, ends up in the pool," said Rejali.
She was airlifted to Rady Children’s Hospital where she later died.
Garcia was pregnant at the time.
"I was burying my child and gave birth to my other baby," cries Garcia.
The family is emphasizing in their lawsuit Airbnb had no safety measures in place to prevent children's access to the pool. They say they trusted the Airbnb app’s recommendations after indicating their family had eight guests, including a 2-year-old child.
"They could have had a tarp on top of the pool, so the little girl wouldn't have fallen in. They didn't care, they did nothing," said Rejali.
A spokesperson with Airbnb told CBS 8 in part:
"Our hearts go out to the Garcia-Colin family for their tragic loss. As of now, we have not been served with this lawsuit. Photos of the pool were visible on the listing page. We had not previously received reports of issues with the property, which is no longer active on the platform.”
Meanwhile, Garcia keeps a piece of her daughter’s memory close to her heart every day by wearing a "Grezhia" necklace. She also still carries her pacifier everywhere she goes.
"I don’t want this to be a circus because it's not. You are talking to someone who is a human being and this hurts. You are talking about my daughter here. Noting is going to bring her back," cries Garcia.