MIAMI -- An 18-month-old Indiana girl who fell to her death from the 11th story of a cruise ship in Puerto Rico plunged from a window inexplicably left open in a children's play area, the family's attorney said Tuesday.

Police in Puerto Rico had said Monday that Chloe Wiegand apparently slipped from her grandfather's hands Sunday as he was holding her out of an 11th-floor window on the Freedom of the Seas.

But Michael Winkleman, a Miami attorney who's representing the girl's family, said Tuesday that "the story is not as it had originally been portrayed in the media."

"The grandfather didn't drop the child, the child fell due to an open glass pane that should have been closed securely," he said in a statement.

Winkleman said Chloe Wiegand, whose father is a South Bend, Indiana, police officer, was playing with her grandfather in the "kid's water zone" on the ship as it was docked in Puerto Rico when she asked him to lift her to a wall of windows lining the play area.

"Chloe wanted to bang on the glass like she always did at her older brother's hockey games. Her grandfather thought there was glass just like everywhere else, but there was not, and she was gone in an instant," Winkleman said.

Police in Puerto Rico declined to comment on Winkleman's account of the events leading up to the child's fatal fall.

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