especially in such a horrible way. >> reporter: in july, the wiegand family was onboard this ship docked in puerto rico. chloe's grandfather, sam anello, was with her near a wall of windows and says he picked her up so she could tap on the glass like she used to at her brother's hockey games. but the window was open and chloe slipped out of his arms and fell. >> i sit here broken. we all sit here broken, but our family is strong and we will stay strong together. >> reporter: anello insisting he thought the window was closed. the wiegands standing by his side, saying it was royal caribbean's fault. >> why were these windows left open? why is this like this? immediately, we began asking these questions. they shouldn't have been like that. >> reporter: the wrongful death suit says royal caribbean was negligent and failed to "adequately mark the open windows" and "provide reasonably safe children entertainment areas." the company telling abc news, "our hearts go out to the family for their tragic loss." adding, "we have no comment on the civil filing." chloe's grandfather is fighting