A federal appeals court on Tuesday revived a lawsuit against Royal Caribbean Cruises by the parents of an 18-month-old girl who died after slipping through her grandfather's hands and falling through an open cruise ship window.
by the parents of an 18-month-old girl who died after slipping through her grandfather's hands and falling through an open cruise ship window.
Her grandfather Salvatore Anello testified that he picked Chloe up and put her feet on the windowsill, not realizing that the window was open. Chloe slipped from his grasp and fell about 150 feet to her death on the pier below. In a 21-page decision, the three-judge appeals court said jurors could find that Royal Caribbean knew the risk of children falling through open windows, noting its use of protective railings and warnings to passengers not to climb over them.
The court returned the case to U.S. District Judge Donald Graham in Miami. He had dismissed it in July 2021, saying Anello's conduct was the unforeseeable, proximate cause of Chloe's death, and the open window was an obvious danger.Jacqueline Garcell, a lawyer for the parents, faulted Royal Caribbean for refusing to install devices that many large hotel chains also use to prevent falls.
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