>> there was a point where i'm trying to knock on the glass, and when i tried to readjust her, that's when she slipped. >> reporter: attorney winkleman says the picture looking down over that wooden railing proves that the grandfather saw glass before he picked chloe up. so you believe the death of chloe was an accident. >> yes. >> reporter: then why sue the cruise line? >> because they could have and should have done more to protect chloe and to protect other kids. >> reporter: we did get a statement from royal caribbean. it started by saying, "our hearts go out to the family for their tragic...