The parents of an Indiana toddler who fell to her death out of an open window on a Royal Caribbean Cruises ship have filed a lawsuit against the cruise line, claiming the company violated industry standards by not providing safe windows near the kids’ play area. Chloe Wiegand fell to her death last July after her grandfather lifted her to the window of the Royal Caribbean’s Freedom of the Seas ship while it was docked in Puerto Rico. He later said he had only held her up against the window because he believed there was glass in the window pane and was not aware it was open. Wiegand would have turned two this week. “We should be celebrating with presents and a birthday cake, but instead we are talking about her death,” Chloe’s mother told reporters Wednesday, according to the Associated Press. The lawsuit was reportedly filed in U.S. District Court in Miami and is seeking unspecified damages. A Royal Caribbean spokesman said the cruise line had no comment about the lawsuit. The grandfather, who was charged with negligent homicide in Puerto Rico, is reportedly due in Puerto Rico court on Dec. 17.