Royal Caribbean has taken the highly unusual step of outlining its allegations against the grandfather accused of dropping a toddler from a ship window, saying it could no longer “limit its expressions to those of sympathy and support.”
The move comes as American TV stations continue to spread the controversial security camera video of the incident.
New court documents filed by Royal Caribbean this week – which puts them in the public domain – allege that the grandfather of Chloe Wiegand was ‘unquestionably’ aware that he was dangling the toddler out of an open window before she plunged to her death from the 11th storey.
“After months of bearing false and inaccurate accusations, from the Wiegands’ attorneys through the press, RCL now faces the legally mandated task of responding to a lawsuit the Wiegands’ attorneys did not file in good faith,” the court documents say.
“This is not a case of an unknowing child approaching an open window and falling out because the window was defective or improperly positioned.
“Rather, this is a case about an adult man, Chloe’s step grandfather who, as surveillance footage unquestionably confirms: (1) walked up to a window he was aware was open; (2) leaned his upper body out the window for several seconds; (3) reached down and picked up Chloe; and (4) then held her by and out of the open window for thirty four seconds before he lost his grip and dropped Chloe out of the window.
“His actions, which no reasonable person could have foreseen, were reckless and irresponsible and the sole reason why Chloe is no longer with her parents.”
Mr Anello was travelling with his family on a cruise aboard Royal Caribbean’s Freedom of the Seas in San Juan, Puerto Rico on July 7 when the incident occurred.
He claimed that he had sat his granddaughter on the railing of the open window while the family were in the outdoor dining area of the ship.
Chloe’s family said he was playing a game when she slipped from his arms and fell out of the window. Eighteen-month-old Chloe fell 45 metres onto a concrete pier, while the ship was docked and died instantly.
The new court filings from Royal Caribbean says Mr Anello would only have had to use his ‘basic senses’ to appreciate the danger this posed to his granddaughter.
“There was no ”hidden danger – Mr Anello knew the window was open,” Royal Caribbean states in documents obtained by the DailyMail.com.
Mr Anello has been charged with criminal neglect by the Puerto Rican authorities and faces three years in prison.
Chloe’s parents, Alan and Kimberly Wiegand countered with a multi-million-dollar negligence lawsuit last month, blaming the cruise line for failing to install safety devices or a warning signs on a waist-height glass window. Mr Anello says he didn’t realise the window was wide open.
The Wiegands, from Indiana, could claim ‘unlimited’ damages for pain and mental suffering if their suit, which was filed at US District Court in Miami, Florida, succeeds.
The family claim there was not a single sign or safety notice alerting Mr Anello that the window he was lifting Chloe up against, could be slid open. They also claim, that despite the window having handles and a blue-green tint, Mr Anello could not distinguish between a window and missing pane because he is colour blind.
But Royal Caribbean denies breaching safety standards, citing the video captured by onboard cameras and the decision by the Puerto Rican police to press charges against Mr Anello, is proof of his culpability.
A federal judge is yet to rule on Royal Caribbean’s motion to dismiss the case but a status meeting is scheduled for March.
“RCL owed no duty to warn Plaintiffs of the open and obvious danger associated with putting a child through an open window. Such reckless actions require no warning,” the documents say.
“Individuals merely need to use their basic senses to appreciate the obvious nature of the danger.”
Other footage shows that there are white posts that are just in front of the windows. In the video above the white posts look like they are the actual outside wall of the ship, so look like he is leaning past the outside wall, when he is actually just leaning past the line of where the posts are.. The angle is very deceptive. Look at the pics of the measurements in the link below and notice the white posts. Then go back and look at the video footage above and notice how months far right the angle makes it look like the white posts are the wall of windows, when they aren’t. It would be interesting to see this from other angles.
Regardless, it’s a sad unfortunate accident and he shouldn’t have held her near the window.
https://www.usatoday.com/story/travel/news/2020/01/23/royal-caribbean-accused-lying-toddlers-fatal-fall/4556656002/
Wonder how many people witnessed this ‘preventable’ accident. The high hand railing is sufficient to keep you away from the open window. Grandfather found out his grip was not strong enough to hold the toddler – lesson well learned tragically.
The baby’s mother is a lawyer! She filed a False and misleading lawsuit… a frivolous claim. They don’t want the step grandfather to be charged in the criminal jurisdiction but they want money. She should be held by the ethics committee of the bar that granted her license. By filing a civil suite to distract the criminal investigation. Terrible.
The saddest part of this is the family said they were responsible the first 12 hours…..then lawyers got involved and somehow that family soiled the grand daughters name and life by laying blame against an innocent company. Gross actually. It was obvious manslaughter hence the charges. Its a sad situation but how dare they pretend they were not responsible.
Looking closely at the video it shows the step grandpa first looking with his head outside the window for few seconds. He then pulls his head back in to pick up the todler to dangle her outside for 30sec approx. The grndpa says ‘he was unaware wide opwn was wide open’. WTF!!! I think the parents know the truth but just wants to sue the cruise liner because they have a good case to win a payout, maybe to ease financial burden. So tragic a young life was unnessarily lost.
Sorry but he hung out looked out there then proceeded to pick the child up and then dangled her then dropped her in my eyes and hopefully in the eyes of the court that man willingly dropped the child out of that window no normal person would dangle anything from an animal to a child outside a multiple story window not even a two story building it isnt even a common sense being questionable that there was intentional and the family think money will compensate the lose of their child and having any child near that man is not a safe option if i was the family and saw this footage overseas jail would be his least biggest issue!
after many cruises , I believe that many people act in very irresponsible ways on cruise ships , particularly around pools . Leaving children to their own devices and to roam about unattended is not fair on anyone including cruise staff – and yes people – teenage people ARE children! We had to call security when 3 teens left to stay unsupervised in an cabin adjacent to ours were balcony hoping ! Idiotic people like this Grandpa must be prosecuted.
Michael Jackson dodged a bullet when he did the same thing. People can be very stupid and very unlucky.
Such a tradgedy. The grandfather is will have to live with it for the rest of his life. He has made a terrible mistake. You can’t blame Royal Caribbean for his behavior.
Guilty grandfather. Not the cruise line.
Colour blind , ” my foot ” wouldn’t the breeze and air indicated the danger .
I also agree with Linda .Royal Caribbean should not be responsible for someone’s stupidity. Could it be the grandfather was drunk.
When do people start standing up and taking responsibility for their stupid and irresponsible actions.
I am getting sick of companies, business and people being blamed, sued and held responsible for idiots in this world.
Wake up people you are the problem not everyone else.
Tragic and saddening but really to divert the blame is wrong.
We have been on plenty of cruises RCL and others and unless you are acting like a complete idiot and have no brains you can’t fall over railings or out of windows.
Do we need to put labels on knives and forks next?
If you are asking for a reply to the grandfather dropping his step grandchild out the window then yes he did. What sane person would dangle a small innocent child at or through a window. He should be locked up & throw away the key. He picked he up with a ruff jerk not that of a loving grandparent.
The cruise line is not responsible for the incompetence of their clients. If they had to make the whole ship idiot proof then it would have no windows, stairs, pool, alcohol etc that wouldn’t be fun for the rest of us.
I feel, although this was a tragic incident, with terrible repercussions that Royal Caribbean should not be held responsible for. The grandfather was totally acting irresponsible but he will obviously have to live with that horror forever. I think, by trying to sue the company he will only highlight the facts and suffer more, so I say ‘ grieve and let the court case go.’
Will now probably plead insanity
There goes the multi millions payout the
Crazed relative wanted.
20 years in the psych ward grandpa…