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'Why in the world would you leave a window open?' asks attorney for family of toddler who died after falling 11 floors from cruise ship

South Florida Sun Sentinel - 7/9/2019

Jul. 9--The family of a toddler from Indiana is continuing to seek answers after the child fell to her death Sunday from a Royal Caribbean cruise ship that was docked in Puerto Rico.

The 1 1/2 -year-old girl, identified as Chloe Wiegand by the family attorney, fell from the 11th floor of the Freedom of the Seas ship while it was docked at Pan American II port in San Juan. Telemundo in Puerto Rico had reported that the girl accidentally slipped from the arms of her grandfather from a window in a recreation area.

"One of the grandfathers, whom it would appear was playing with the little girl, lifted her out of the open window and lost his grip," Elmer Roman, of the Department of Public Security of Puerto Rico, told the Primera Hora newspaper Sunday.

Puerto Rico Ports Authority spokesman José Carmona said the family was gathered in or near a dining hall on the 11th floor and the grandfather sat the toddler on the edge of a window. He said officials are investigating whether the window was already opened or if someone had opened it.

But an attorney for the family of the little girl disputed accounts that the girl slipped and fell from her grandfather's arms. Appearing on NBC's "Today" show Tuesday morning, Miami maritime attorney Michael Winkleman said the grandfather had placed the girl on the ledge by a window and he didn't know it was open.

"Why in the world would you leave a window open, in an entire glass wall full of windows in a kids' area? Why would you have that kind of a hidden danger without any warning, without any sign, without any notice?" Winkleman said on the show.

Authorities said the girl was traveling with her parents, two siblings and two sets of grandparents. The Associated Press identified the child's grandfather as Salvatore Anello of Valparaiso, Indiana.

The girl's father was identified as South Bend, Indiana, Police Officer Alan Wiegand, officials confirmed Monday.

"The South Bend Police Department offers its sincerest condolences to Officer Alan Wiegand and his family during this difficult time following the tragic loss of their child while in Puerto Rico," the department released in a statement.

The police chief of South Bend, Indiana, Scott Ruszkowski, also disputed the statement issued by Puerto Rico police that the girl was being held out of a window in an interview with WSBT television in Indiana.

In a statement, Royal Caribbean's communications manager, Owen Torres, wrote, "We are deeply saddened by yesterday's tragic incident, and our hearts go out to the family. Out of respect for their privacy, we do not plan to comment further on the incident."

The family remained in Puerto Rico on Tuesday for the investigation. The Wiegand's attorney said the girl enjoyed being near glass and windows to watch what happened on the other side as she did with her older brother's hockey games.

"They just want to spread the message that this isn't just a tragedy. They want to shine a light on the kind of life that Chloe lived. She was such a happy and loving child who touched everyone's lives," Winkleman told NBC.

The Freedom of the Seas ship, which made its U.S. debut in 2006, is based in Puerto Rico, where it departs for seven-night sailings to the southern Caribbean, including stops in Saint Thomas, Saint John and Saint Lucia.

Falling from vessels is unusual but not unheard of, whether at sea or in port. More than 300 people have fallen overboard on cruise ships since 2000 -- some accidentally, some intentionally -- according to website Cruise Junkie.

On July 4th, a 37-year-old man was reported missing after falling overboard from the Carnival Victory off Cuba. The U.S. Coast Guard suspended its search for the man on Sunday.

On Jan. 11, a 16-year-old from the South Pacific, Laurent Mercer, fell to his death while trying to climb inside the balcony of another Royal Caribbean ship, the Harmony of the Seas, while the ship was docked at Labadee, Haiti. That same month, a Royal Caribbean crew member went overboard from the Majesty of the Seas dozens of miles east of the Hillsboro Inlet during the final portion of a Bahamas cruise.

And in November, 52-year-old Almarosa Tenorio, of Alabama, died while traveling to Aruba on Princess Cruises' Royal Princess. Passengers reported seeing a woman struggling with a man before she fell onto a lifeboat.

Information from The Associated Press was used to supplement this report.

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