Yeah, it should be the parent, and care givers, that must be the first defense, but as we know, distractions happen, and tries to make the kids happy, sometimes those instances become so tragic, like with this child, the child taken by the alligator, the child found in the pool, etc. Thank goodness it is so rare that it ends in death or serious harm. As a parent of adult kids, I know, if I looked back in time, there were times I put or allowed my kids to be at risk. I feel so sorry for this grandfather and his entire family. They have my sympathy.
I do not see almost all of the time, the person which caused the harm, should be criminally punished in any way. I would think more than the majority of the time, they are good people that loved that child, and the trauma and horror that they will have to carry for the rest of their life, is one of the worst ways to be punished.
I do have to say though, I still cannot see why to put a child, and a very young child, up on the rail. And from the looks of the glass in the pictures, there was glass down low too. But it is not for me to judge, and it would be something I would have never done.
And yes, I would assume there was video coverage. Still, a tragic, freak accident.