Parents of toddler who fell from Royal Caribbean ship suing company

The family of an IN toddler who fell to her death from a cruise ship's 11th-floor window filed a wrongful death lawsuit on Wednesday against Royal Caribbean Cruises, claiming the company played a "major role" IN the July tragedy. The lawsuit, filed on Wednesday, reportedly alleges that Royal Caribbean was negligent by leaving open the window Wiegand fell through."Our hearts go out to the family for their tragic loss", a Royal Caribbean representative told Business Insider.

But her distraught family insist the blame lies with the "negligent" cruise line, which they are now reportedly launching legal action against.

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When she walked up to what looked to Anello like a "wall of fixed glass", according to the complaint, Chloe asked to be picked up.

"We should be celebrating with presents and a birthday cake, but instead we are talking about her death", she said.

"Royal Caribbean played a major role in the death of our child", Kim Wiegand said. ". It is sometimes worse than you can ever imagine".

Royal Caribbean has yet to comment on the lawsuit.

On July 7 Salvatore Anello, known as Sam, lifted up his 18-month-old granddaughter Chloe Wiegand to a window on the Royal Caribbean's Freedom of the Seas while it was docked in Puerto Rico.

Anello, 51, of Valparaiso, was charged in October by Puerto Rican authorities after security video of the incident was submitted to prosecutors.

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Anello spoke briefly at Wednesday's press conference.

"I want to be clear and unequivocal: We do not support this misdemeanor charge or any charges whatsoever", Wiegand said.

"No other family should have to grieve the kind of loss we have to grieve", she said. "Most of all, we hope that this improves the safety of these ships for other children and other families". Picture: Lipcon, Margulies, Alsina Winkleman, P.A.

"Carnival and Norwegian Cruise Lines, and even newer Royal Caribbean cruise ships have windows that are wholly compliant with these window fall prevention codes", said Winkleman.

Her parents, Alan Wiegand and Kimberly Schultz Wiegand, of South Bend, Indiana, said Anello did not know the window was open. He faces three years in prison if convicted.

Anello maintains his innocence and has a court appearance scheduled for December 17.

Anello told CBS News he wouldn't have placed the toddler near the window if he'd known it was open. The family lives in Granger; Chloe's father is an officer with the South Bend Police Department.

"Some type of warning, or some type of decal, just four simple words, 'caution these windows open, ' Chloe would still be here today", said Winkleman.

It is reported that if their claim is successful, the grieving family will receive "unlimited" damages for "pain and mental suffering", as the tot died on American soil - rather than when the ship was at sea. Brian Rice, a Brownsburg father of two, died November 15 after he fell four stories from a balcony to a lower deck as the Carnival Horizon cruise ship was returning to Miami, authorities said.

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