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How do we know there is “no way just one was open.” It was the first day of the cruise. It was still at dock. Maybe all the windows had been closed for cleaning before new passengers arrived and only one was accidentally left open.
It might be easier to tell a window is open I’d there is a pattern of opened and closed ones, but if there was truly an entire wall of closed windows except for one, then I can see how the grandpa might not have expected it to be open. In fact, one of the prior pictures printed in an article showed all the surrounding windows as appearing closed minus this one gap. Or maybe the footage will show the grandpa purposefully walked up to the window knowing it is open. The fact is, we don’t know. I don’t think we should be skewering grandpa or the cruise line when we don’t know what happened. I’m so heartsick for this family, I really am. |
No one is skewering the cruise line, except the family’s lawyer. If there was “just one window open” it was still obvious due to the strong blue tint of all the windows. I get the feeling many posters her have never set foot on a cruise ship (per the DCUM anti-cruise sentiment) and have no clue what they are talking about. |
+1. DDP here. These are alternative hypotheses people are presenting. If you're in an analytical field you're familiar with these. |
Oh, good, the 1Ls are here. |
| If it was the only window open, the breeze you’d feel on the 11th deck while docked at the port would have been even more obvious than if every other window had been open. |
It’s not below waist high. It’s chest height. It’s amazing how so many people have an opinion about it when there are others who know facts telling them their opinion doesn’t match reality. If you’ve never been on a cruise ship, go watch some YouTube videos. And yes, if an older child or adult was so inclined then they could get a chair and possibly climb out the window before anyone could stop them. They could also throw themselves down a flight of stairs or over any balcony or stab their internal organs out with a dinner knife. |
The window height and proximity to the kids area aren't remotely reasonable. If the child had wandered over they would be - but she didn't. She was picked up and placed on the railing. You are essentially trying to make the argument that the cruise line didn't meet its duty of care in this case because another accident might have happened (but didn't) and it wouldn;t have met the duty of care in that case, had the accident happened (which it didn't). Go back to doc review, please. |
| If an open window is an “attractive nuisance” so is every balcony on the ship. GMAB. |
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Every statement the lawyer is making is misleading. I’ve also been on that ship with my kids. That area is not a “child area” it’s a general area.
I’m sure RC has rules about unattended children. They have rules about everything. But what can you say when an adult is holding a child and then places the child in a window 11 stories up after going around a guard rail? “Please do not place your children on the window ledges of an open window as they may fall out? Also please do not bang on the windows ...” |
You pay a premium for balcony rooms and they are a big draw. I love them, but would be nervous having one with a child under 12. Or even really drunk cabinmates. |
I think, as some PPs have suggested, parents (in particular) can be much more lax on vacation. One example, if you kboww anyone that rents out a beachhouse, things get broken, usually by small children. Parents tend to care a little”differently” in vacation mode. |
| How many days into the trip were they? |
The ship hadn't even left the dock. |
So this family basically boarded this ship and before they could even get their bags unpacked, Grandpa had lifted his granddaughter onto an open window ledge where she plummeted to her death. Crazy. |
Yes. And to the PP, I have stayed in a balcony room with small children and felt 100% safe. Because I never lifted them up and propped them on the ledge. |