Wiegand family announces lawsuit against Royal Caribbean for death of Granger toddler

From court documents: Wall of glass featuring three rows of glass, floor to ceiling - with a wooden rail between the middle and bottom rows.

From court documents: Wall of glass featuring three rows of glass, floor to ceiling - with a wooden rail between the middle and bottom rows.

From court documents: Wall of glass featuring three rows of glass, floor to ceiling - with a wooden rail between the middle and bottom rows.

From court documents: Wall of glass featuring three rows of glass, floor to ceiling - with a wooden rail between the middle and bottom rows.

From court documents: A photo depicting the distance between the window and the railing

From court documents: Glass panes on the pool deck do not open (Carnival Breeze)

From court documents: Glass panes on the pool deck do not open (Carnival Breeze)

From court documents: Glass panes on the pool deck aboard the Norwegian Epic do not open

From court documents: Glass panes near the water park on the Anthem of the Seas do not open

From court documents: Glass panes near the water park on the Anthem of the Seas do not open


SOUTH BEND, Ind.-- The family of Chloe Wiegand, the Granger toddler who fell to her death on a cruise ship over the summer is now suing.

They claim Royal Caribbean was negligent for having a wall of windows that could open right by a children's play area.

"I sit here broken, we all sit here broken but our family is strong," said Salvator Anello, Chloe Wiegands grandfather.

Wednesday morning Chloe's heartbroken family announced their lawsuit against Royal Caribbean over the tragic death of the 18-month-old Granger girl.

Back in July she slipped from her grandfather, Salvatore "Sam" Anellos hands and fell out an open window, 11 stories to her death on the Freedom of the Seas cruise liner in Puerto Rico.

“Had the family just been on a different ship which was the anthem of the seas instead of the freedom of the seas, Chloe would still be here because those windows on the anthem of the seas are complaint with these window fall prevention codes," said Michael Winkleman, the Wiegand family attorney. 

The complaint accuses the cruise line of three counts of negligence, arguing a wall of windows with some able to slide open was a disaster waiting to happen.

“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.

The July 7th tragedy all happened within three hours of the Wiegands boarding the ship for the first time.

"They got on the ship at 1:15, they went and had lunch, they went to the pool," said Winkleman.

In the video above, you see the pool and children's play area he’s referring to just feet away from the window.

Newly released images above showing Anello’s perspective the moment Chloe fell.

“he was just screaming and crying and saying he didn’t know over and over. He was screaming, and i was screaming, and passengers were screaming," said Kim Wiegand.

Chloe's mom, Kim, holding back tears during an ABC exclusive interview in South Bend today.

Right now, Sam Anello is facing a negligent homicide charge in Puerto Rico, but his family is still standing by his side.

Including Chloe's dad South Bend Police Officer Al Wiegand.

“We trusted what Sam told us/ It wasn’t him, it was a freak accident that could’ve been prevented by the cruise ship with proper safety equipment," said Al Wiegand.

In a statement, Royal Caribbean said:

"Our hearts go out to the family for their tragic loss. Mr. Salvatore  Anello is currently being criminally prosecuted for negligent homicide in the case. We have no comment on the civil filing."

Chloe would’ve been celebrating her second birthday this Friday.

Instead Sam Anello is due back in court next week to face the criminal charge in Puerto Rico.

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