By Kevin Yazzie From Gotech Daily

MIAMI, Florida – Royal Caribbean Cruises says Indiana man charged with negligent homicide in his granddaughter’s fatal fall from a cruise ship window has leaned out the window for several seconds before lifting the child and she fell.

Chloe Wiegand, 18 months old, was on a ship in July when the child’s grandfather, Salvatore Anello, placed her on a wooden railing in front of a wall of glass windows, later saying that he thought she was going to hit the glass – but the window was open. Prosecutors in Puerto Rico then charged Anello with negligent homicide.

In December, the family filed a lawsuit against Royal Caribbean for negligence, according to the trial.

Chloe’s family, who lives in South Bend, Indiana, said the cruise line made it difficult for passengers to tell if a window was open or closed on the ship.

The cruise company’s January 8 complaint follows legal action by Chloé Wiegand’s parents accusing Royal Caribbean of neglect in its fatal plunge from the 11th floor window in July in Puerto Rico.

The company is seeking to have the lawsuit dismissed and says that the Indiana girl’s grandfather, Salvatore Anello, was “reckless and irresponsible” in his death.

Their lawyer, Michael Winkleman, said the family hoped the trial would raise awareness of the falling windows. He said the crux of the complaint was that the glass wall was not safe so close to a children’s playground, and that there are laws to prevent this from happening. Other cruise lines follow these laws, said Winkleman.

“If the Wiegand family had been on another ship, Chloe would still be there,” he said.

The family insisted that there should have been some kind of warning that the window was open. They also said that Chloe used to knock on the window during his brother’s hockey games, and the toddler probably thought it was a similar situation.

They were only on the ship three hours before the girl’s death, said Winkleman.

“This is a very difficult day for our family,” said Kimberley Wiegand, Chloé’s mother. “Our daughter, Chloé, died in July. This Friday would have been her second birthday. We should celebrate with a birthday present and cake, but instead, we are talking about her death. I spend my evenings visiting with his urn, rather than rocking my little girl to sleep. We would give everything to find ourselves in different circumstances. “

She said that Royal Caribbean played a major role in the death of her daughter

“We believe that filing a lawsuit against the cruise line sends them a message that they were wrong,” said Wiegand.

A spokesperson for Royal Caribbean Cruises said on Wednesday: “Our hearts go out to the family for their tragic loss. Mr. Salvatore Anello is currently under criminal charges for negligent homicide in this matter. We have no comments on the civil record “.

Winkleman said the family had waited five months to file a complaint because they wanted access to surveillance footage of the incident first. He said they did not want to make this video public.

The infant’s mother said that she did not support any criminal charges.

“I don’t want our little daughter’s legacy to be the story of court cases,” she said. “She was a real person who lived and spread happiness wherever she went. To know Chloé was to love her immediately.”

ABC News contributed to this article.

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