Just to clarify, you stood next to an open window and thought it was closed?
ETA: I could understand being a distance away from the window and thinking it's closed. But once you get next to it, how do you still think it's closed?
I know a lot of people have admitted to walking into (or hitting) a closed window/door thinking it was open. But has anyone been next to and thought a window/door was closed and it was actually open (which is what the case is here)?
Yes, I have. I posted on here a couple pages back that a few days ago I thought a window was closed when in fact, there was no window pane there at all. We had contractors out to replace a cracked window along with other things. When they left to get materials, both my DH and I looked over at the window, noticed it was no longer cracked, and thought, "Wow, they did a great job with the window. I'm surprised they had glass already cut to size. I wonder if they just put plexiglass in." There was another closed window beside it, and yes, they did look a little different, but we assumed it was solely due to the cleanliness of the "new" window. I was really checking out the window, admiring how great it looked, and didn't realize there was no pane until I actually went to tap on it to see if it was glass or plexiglass and my hand went through the opening. There was no breeze to feel, it was daytime, I had my contacts in, and I was not drinking. Now, this was not on a cruise ship and the windows were not tinted, but still, the point remains that it's entirely possible for someone to believe a window is closed when it is open.
Depending on how the sun was coming in through the windows, whether open or closed, how closely if at all the grandfather was even looking at the windows, having an assumption that the windows would be closed, getting tunnel vision and only seeing the window he took the little girl to and not even noticing the others around it, perhaps thinking that any differences he did see in the windows if he did see any were due to cleanliness or a window that just didn't have tint (perhaps a newer or older window) and would make for a clearer view for the granddaughter, the glare of the sun making him squint a little, less than perfect eyesight, smudged or fogged up glasses (they were in a pool area weren't they? and it was presumably hot), even just slight fatigue that makes you not as quick of thinking--- ALL of these are possibilities that could have contributed to him thinking a window was there when there wasn't. I have no idea if any of these things contributed, but it's entirely plausible to me that someone could have mistook a window being closed despite how apparently obvious it may be to everyone else.
I still find it incredibly irresponsible to place a child that high up on a railing anywhere, especially a cruise ship, and would never encourage a child to tap on glass anywhere as that poses a danger no matter the height. I also disagree with the lawsuit and don't think the cruise line should be held liable. I do find it possible he thought the window was closed and really hope he did, because if he knowingly sat/stood a toddler on a (what looks to be 3" curved pipe) railing inches in front of an open window 150 feet off the ground--- well, that simply defies all logic to me and I don't see why someone would do that unless they had malicious intent, which I don't think this grandfather did.