Royal Caribbean: “He knew the window was open.”

FILE - This May 11, 2006 file photo shows the Freedom of the Seas cruise ship docked in Bayonne, N.J. An attorney for an Indiana family whose 18-month-old daughter fell to her death in July from the cruise ship docked in Puerto Rico says the negligent homicide charges her grandfather now faces "are pouring salt" on the family's wounds. A judge in Puerto Rico ordered the arrest of Salvatore Anello on Monday, Oct. 28, 2019, after prosecutors submitted evidence saying that Chloe Wiegand fell from Royal Caribbean's Freedom of the Seas cruise ship when Anello raised her up to an open window. (AP Photo/Mike Derer, File)

Royal Caribbean says Chloe Weigand’s step-grandfather knew the glass window was open before he picked her up and she fell 11 stories and died.

After her death in July 2019, Weigand’s family filed a lawsuit against Royal Caribbean, saying the open window was a hidden danger. Salvatore Anello has said he was not aware that the window was open.

However, the cruise line company says Anello, did, in fact, know the window was open, and they have proof.

Still photos from surveillance video shows Anello leaning his body over a railing and out the window frame for approximately ten seconds. Moments later, he picked up his 18-month-old step-granddaughter and leaned her up against the opening before losing his grip.

Royal Caribbean is requesting the lawsuit be dismissed, and cites Puerto Rico’s charge that Anello is guilty of negligent homicide, and that the toddler’s injury was “caused by Mr. Anello’s irresponsible and reckless act of holding Chloe out of a window he knew to be open.”