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Royal Caribbean is not responsible for the death of a baby on a cruise ship

2021-07-15T13:24:55.541Z


Royal Caribbean Cruises is not responsible for the death of an 18-month-old girl who fell from her grandfather's arms through a window on a cruise ship, a judge ruled Tuesday.


Grandfather is accused of the death of his granddaughter 1:24

(CNN) -

Royal Caribbean Cruises is not responsible for the death of an 18-month-old girl who fell from her grandfather's arms through a window on a cruise ship, a judge ruled Tuesday.

When Chloe Wiegand fell from the 11th floor of the ship docked in Puerto Rico in July 2019, the responsibility fell on her grandfather, Salvatore "Sam" Anello, ruled US District Judge Donald L. Graham.

Chloe's parents, Alan Wiegand and Kimberly Schultz Wiegand, had sued Royal Caribbean for negligence.

"In the present case, the danger of lifting the Deceased over the railing and extending her towards the open window was open and obvious, so that the Respondent had no obligation to warn its passengers of the dangers of such conduct. "Graham wrote in the ruling filed in the Southern District of Florida.

Anello had testified that he lifted Chloe and placed her feet on a wooden handrail and did not feel any glass when she reached out to touch the window, according to the ruling.

Video footage from the cruise ship shows the grandfather leaning over the handrail while the window was open before he lifted the girl, Graham wrote in the ruling.

"Despite not feeling any glass in front of him, and without confirming that the window was closed, Mr. Anello lifted the deceased beyond the wooden railing and extended her body closer to the window opening .. exposing her to the open window and the dock below where she finally fell and died, "the ruling said.

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The judge said it was not Royal Caribbean's responsibility to warn passengers of the "obvious danger of placing a child on or through an open window."

"This court determines that a reasonable person through the ordinary use of his senses would have known of the dangers associated with the conduct of Mr. Anello. Consequently, the Respondent had no obligation to warn him," the ruling says.

A lawyer for the family said they were surprised and saddened by the ruling and would file an appeal soon.

"This is a matter that must be decided by a jury, and we trust and hope that the appeals court will agree," attorney Michael Winkleman said in a statement.

"We will continue to fight and raise awareness of the dangers of unintentional falls through windows by young children. This case was always about Chloe and shed light on her short but beautiful life. That goal has not changed."

CNN has reached out to Royal Caribbean for comment.

  • Grandfather is convicted of the death of his granddaughter, who fell from a cruise ship window in 2019

An 18-month-old girl falls and dies

Chloe's family filed a wrongful death lawsuit against Royal Caribbean Cruises in December 2019, arguing that the cruise line failed to meet industry safety standards to prevent guests from falling out of windows.

After a federal judge rejected Royal Caribbean's motion to dismiss the case, the company resubmitted it and Graham sided with the company on Tuesday.

The tragedy occurred on July 7, 2019, when Chloe was playing with her grandfather on the 11th floor near an open window while Royal Caribbean's Freedom of the Seas was docked in San Juan, Puerto Rico.

Anello told CBS News at the time that she fell out of his arms when he picked her up and tried to stand her on the railing of one of the windows, thinking the window was closed.

"It's like it's disappeared. It's like the glass has disappeared," he said.

  • The grandfather of the baby who died after falling from a cruise ship in Puerto Rico speaks for the first time

With one arm hooked around her, Anello said that she leaned forward to hit the glass with her other arm, "I think that's the point where she ... got away from me."

But the details of the fall have been disputed.

Port Authority officials said Anello sat the girl on the window, lost her balance and the girl fell and died.

Anello pleaded guilty last October to wrongful death in Chloe's death and was sentenced to three years of probation.

CNN's Rebekah Riess contributed to this report.

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Source: cnnespanol

All news articles on 2021-07-15

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