Lawsuit Revived Against Royal Caribbean Cruises for Toddler’s Death

A federal appeals court has revived a lawsuit against Royal Caribbean Cruises by the parents of a young girl who tragically died after slipping through her grandfather’s hands and falling through an open cruise ship window. The 18-month-old girl, Chloe Wiegand, was in a children’s play area aboard the ship Freedom of the Seas, which was docked in San Juan, Puerto Rico when the incident occurred in July 2019. The court has restored two negligence claims against Royal Caribbean for not installing safety devices to prevent falls from windows.

The grandfather, Salvatore Anello, testified that he had picked Chloe up and placed her feet on the windowsill without realizing that the window was open. Chloe slipped out of his grasp and fell about 150 feet to her death on the pier below. Chloe’s parents, Alan Wiegand and Kimberly Schultz-Wiegand, filed a lawsuit against Royal Caribbean, claiming that the company violated industry standards. They argued that the cruise line should have installed safety features to prevent such accidents.

The appeals court ruled that jurors could determine whether Royal Caribbean was aware of the risk of children falling through open windows, especially considering the presence of protective railings and warnings to passengers. Additionally, the court stated that jurors should assess whether Royal Caribbean could have anticipated an adult holding a child near an open window. The case has been sent back to U.S. District Judge Donald Graham in Miami after he initially dismissed it in July 2021, citing Anello’s conduct as an unforeseeable cause of the tragedy.

Royal Caribbean and its lawyers have yet to respond to the revived lawsuit. However, the parents’ attorney, Jacqueline Garcell, criticized the company for not implementing safety devices commonly used by large hotel chains to prevent falls. She expressed her determination to continue fighting for justice for Chloe Wiegand and to advocate for improved safety measures on cruise ships. Anello, who pleaded guilty to negligent homicide in Chloe’s death, was sentenced in February 2021 to three years’ probation.

The case, Wiegand et al v Royal Caribbean Cruises Ltd, will now proceed in the 11th U.S. Circuit Court of Appeals.

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