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.

Police Sgt. Nelson Sotelo told the AP on Tuesday that the girl�s family will remain in the U.S. territory until the investigation of her death is complete.

Winkleman�s office said the girl�s family remained in Puerto Rico on Tuesday, waiting for their child�s body to be released, and they hope to return home to Indiana once that happens.

Winkleman said the girl�s family wants to know why a window that �should have been closed securely� was open. Winkleman said the family is �understandably too distraught to talk� about the tragedy.

�The family needs answers as to why there would be an open window in a wall full of fixed windows in a kids� play area? Why would you have the danger without any warning, sign, or notice?� he asked.

Royal Caribbean Cruises called the girl�s death a tragic incident in a statement Monday and said it was helping the family.

The cruise line had not responded to messages left Tuesday seeking comment on Winkleman�s statements about the circumstances of the child�s death.

Puerto Rico Ports Authority spokesman Jos� Carmona told The Associated Press on Monday that the family was gathered in or near a dining hall on the 11th floor and that the grandfather sat the toddler on the edge of a window. He said officials are investigating whether the window was already opened or if someone had opened it.

(AP)