Unbearably tragic cruise ship accident leaves toddler dead in Puerto Rico. Video / CBS 10
In among a wall of glass windows, a single pane sits ajar.
Surrounded by yellow crime tape and police in navy uniform, the scene of where baby Chloe Wiegand plunged 45m to her death has been released, showing just how hidden the open window is to the naked eye.
A single railing runs the length of the "wall of windows" on-board the cruise ship, however the open pane that Chloe fell out of appears hidden.
Devastated: The 18-month-old with mother Kimberley Wiegand. Photo / Supplied
On Sunday, 18-month-old Chloe plummeted 11 floors from the "Freedom of the Seas" cruise liner, reportedly slamming into concrete below while the vessel was docked in San Juan, Puerto Rico.
It was initially claimed the toddler slipped through the hands of her grandfather, Salvatore Anello, who had lifted her out the window as he played with her.
But the family's lawyer, Michael Winkleman, has hit back at the accusation and instead pinned the blame for the tragedy on the Royal Caribbean cruise line.
Mr Winkleman, a maritime lawyer representing the Wiegand family, said the grandfather didn't dangle and drop her and the blame should be on Royal Caribbean for not having the window closed securely.
Police attend the scene on the cruise ship where toddler Chloe Wiegand fell to her death. Picture / Michael Winkleman
The window where baby Chloe fell 45m to her death. Photo / Michael Winkleman
This is not "like the Michael Jackson story, where he was dangling the child out the window", he said.
"There's a whole wall of windows (on the ship)," Mr Winkleman said.
"The grandfather thought that this window was closed. It turns out, we've come to learn, that … passengers can open these windows."
Mr Winkleman said while the other windows were closed, one was open and created a "hidden hole" that Chloe fell through.
"You have a wall of windows with one hidden hole," he said.
"Unknowingly, the grandfather places Chloe on the wood railing before the wall of windows believing Chloe will bang on the glass just like she does at her brother's hockey games, and the next thing he knows, she's gone.
"Why in the world would you leave a window open in an entire glass wall full of windows in a kid's area?
Mr Winkleman questioned the cruise line and asked why there was an open window in a play area designed for children.
"How about a warning, how about a sign, how about something?," he said in a statement to KTVQ.
A crime scene was established at the window where baby Chloe fell from the cruise ship.
"When you put it in a kids' play area, you gotta do something to let people know that these can be opened so things like this don't happen."
Mr Anello is under investigation over the tragic incident. His boss told WSBT that Mr Anello was a model employee.
Her distraught grandfather, right with her, had to be sedated after her tragic fall. Photo / Supplied
"Out of respect for their privacy, we do not plan to comment further on the incident."
Following the fatal fall, Mr Anello and several other family members were so hysterical after the child's tragic death plunge they had to be sedated by medics, according to El Vocero.
Witnesses told how they heard the family, from Indiana, US, wailing in agony after Chloe fell to her death.
"We heard the screams of the families because we were close," one passenger told Telemundo PR.
"A cry of pain of that nature does not compare with any other cry."
It is not clear whether Mr Anello or anyone else will be prosecuted over Chloe's death, with police quizzing witnesses and reviewing CCTV before deciding whether to file negligence charges.
