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A federal judge has dismissed a lawsuit filed by the family of a toddler who fell to her death on a Royal Caribbean cruise ship in 2019. Alan Wiegand and Kimberly Schultz Wiegand filed a lawsuit against the cruise line, arguing that workers were negligent for leaving a window on the 11th floor open while the ship was docked in Puerto Rico.
18-month-old Chloe Wiegand was being held by her grandfather, Salvatore "Sam" Anello, near the open window when she slipped out of his arms and fell to her death on the dock below. The Wiegand's argued that the cruise line should have posted warning signs that the windows were open.
U.S. District Judge Donald L. Graham ruled that the cruise line was not responsible for Chloe's death and placed the blame on her grandfather.
"In the instant case, the danger of lifting the Decedent over the handrailing and extending her out to the open window was open and obvious such that Defendant owed no duty to warn its passengers of the dangers of such conduct," Graham wrote in his ruling.
"Despite not feeling any glass in front of him, and without confirming that the window was closed, Mr. Anello lifted the Decedent beyond the wooden handrailing and extended her body closer to the window opening ... exposing her to the open window and the dock beneath where she ultimately fell to her death." the ruling said.
Graham wrote that it was not Royal Caribbean's responsibility to warn passengers about the "obvious danger of placing a child on or through an open window."
"This Court finds that a reasonable person through ordinary use of his senses would have known of the dangers associated with Mr. Anello's conduct. Accordingly, the Defendant owed no duty to warn of it," he wrote.
A lawyer for the Wiegand family said they will appeal the ruling.
"This is a matter that should be decided by a jury, and we are confident and hopeful the appellate court will agree," attorney Michael Winkleman said in a statement. "We will continue to fight and raise awareness about the dangers of unintentional toddler window falls. This case was always about Chloe and shining a light on her brief but beautiful life. That goal has not changed."