A five-year-old girl who fell off a Disney Dream cruise ship in June had been posing for a photo on a porthole railing at the request of her mother, according to Florida authorities in reports obtained by CBC News.
A report from the Broward County Sheriff’s Office called the accident “avoidable.” It was filed June 30, the day after the child fell overboard and her father jumped in after her while the ship was on its way back from the Bahamas and heading to Port Everglades in Fort Lauderdale.
In their own report, the state attorney called the mother’s conduct in facilitating the photo “arguably negligent and irresponsible,” but said it didn’t meet the bar for criminal charges.
The story made international headlines after both the child and father were rescued by cruise ship staff and the incident was captured in dramatic videos taken by passengers and uploaded to TikTok.
WATCH | Dramatic rescue after girl falls off cruise ship:
Dramatic rescue after child, dad reportedly fall off cruise ship
Janice Martin-Asuque of Kissimmee, Fla., filmed a dramatic rescue Sunday from aboard a Disney Dream cruise ship after a child and her father reportedly went overboard. Passengers said the ship was heading to Fort Lauderdale after a four-day cruise in the Bahamas when the child fell in and the father jumped in after her.
According to the timeline established by police via security video, the family was walking on the port side of deck four at 11:29 a.m., when the mother gestured toward the porthole railing. The child climbed onto the railing, sat down, lost her balance, and fell approximately 49 feet into the water below.
The father jumped overboard to save her about 45 seconds later, according to the report.
By 11:49, the ship’s rescue boat had successfully plucked both child and father from the water. The child had hypothermia, and her father fractured his spine.
In his police interview from his hospital room, the father — who is not named to protect the child’s privacy — reported that the family had been walking on deck four when his wife stopped to take a photo of their daughter sitting on the railing.
“He stated that he was approximately 10 feet ahead and did not witness the fall. He heard his wife scream and, upon turning around, observed his daughter in the water. He initially ran to get help but, after approximately 45 seconds, decided to jump into the ocean to attempt a rescue,” the report notes.
After finding his daughter, the report said the father managed to tread water until they were rescued about 20 minutes later.
The mother, “stated that she felt like there should be coverings on the windows, and cited that Disney is responsible for what had occurred,” the report continued.
“She stated that she initially did not believe her daughter had fallen into the ocean, as she assumed a glass barrier was present.”
A photo shared by a passenger shows the rescue aboard the Disney Dream cruise on June 29, after a child fell overboard and her father jumped in after her. (Submitted by Shannon Lindholm)No charges for mother
In a supplementary report, police characterized the fall as “avoidable” and said the case would be reviewed by the Broward County State Attorney’s Office.
“Upon looking at the window myself, as a prudent person, I immediately saw that the window was open to the air, and did not have a covering,” wrote the detective.
“This act facilitated by [the mother] placed the child in a life-threatening situation. As a result, the child fell from the ship and into the water, in an avoidable accident.”
But the state declined to press charges and the case was ultimately cleared.
“While the defendant’s conduct is arguably negligent and irresponsible, it does not rise to the egregious level of conduct necessary to establish criminal culpable negligence,” said Melissa Kelly, the assistant state attorney in charge, in a report dated July 31.
It’s rare for passengers to fall overboard.
According to a report by trade body Cruise Lines International Association, 212 people fell overboard between 2009 and 2019, which they say represents just 0.00004 per cent of passengers and crew.Â
Nearly half, or 48 per cent, were rescued, according to the report. And in every case where the cause could be determined “following a careful investigation, it was found to be the result of an intentional or reckless act.”
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