When Security Fails: The SoMa at Brickell Lawsuit and the Legal Duties of Property Owners in Florida

On May 20, 2025, a disturbing report emerged from Miami’s Brickell neighborhood: a 62-year-old woman, identified as Jane Doe in court filings, filed a civil lawsuit against multiple companies tied to the SoMa at Brickell apartment complex. The lawsuit stems from an alleged attempted rape that occurred on the property earlier this month. The plaintiff claims that due to repeated security lapses ranging from broken access systems to lax surveillance, her assailant was enabled to trespass onto the property, into her unit and assault her. She alleged that the property owners and management companies failed to protect her as required by law.

This case is unfortunately one of many to recently occur in the Brickell area, raising critical questions about negligent security and the duty of care property owners owe to tenants under Florida law.

The Legal Framework: Premises Liability and Negligent Security

Florida law imposes a duty on property owners and possessors to maintain their premises in a reasonably safe condition, which includes protecting against foreseeable third-party criminal acts. This duty arises from both common law principles and, in certain cases, statutory obligations under Florida’s building and housing codes.

The legal doctrine of negligent security holds a property owner liable when a failure to provide adequate security leads to criminal acts that cause harm. Florida courts have consistently recognized this principle:

Paterson v. Deeb, 472 So. 2d 1210 (Fla. 1st DCA 1985): Tenant brought an action against her landlords for damages resulting from a sexual attack that took place on the leased premises based on a failure to provide adequate security. The Court held that landlords may be liable for third-party criminal attacks if they failed to provide adequate security measures where criminal conduct was foreseeable.
Hall v. Billy Jack’s, Inc., 458 So. 2d 760 (Fla. 1984): Patron brought an action against the bar/lounge owners after suffering injuries from a fight that began inside the bar/lounge, spilled outside of the bar’s property and then resulted in a second fight, that occurred entirely outside of the property. The Florida Supreme Court ruled that businesses could be held liable for third-party criminal acts where the risk was foreseeable, establishing that foreseeability is central to determining duty.

Allegations in the SoMa at Brickell Case

According to the plaintiff’s complaint, the property owners, management companies, and security contractors collectively failed in several key respects:

Defective Security Infrastructure: The building allegedly had non-functioning access control systems, which allowed the assailant to enter without authorization.
Inadequate Security Personnel: The plaintiff claims there was insufficient or untrained security staff, failing to deter or respond to the attack.
Ignored Prior Warnings: The defendants were allegedly aware of earlier security breaches and reports of unauthorized individuals entering the building, yet took no corrective action.

If these claims are substantiated, they could establish foreseeability – a cornerstone of negligent security liability. As the court held in Lopez v. McDonald’s Corp., (193 F. Supp. 2d 1235 (M.D. Fla. 2002)), foreseeability may be proven through prior incidents, complaints, or other knowledge that criminal activity was likely.

Duty to Protect Tenants: Florida’s Legal Expectations

While property owners are not insurers of their tenant’s safety, they are expected to take reasonable steps to prevent harm. This includes:

Keeping entry points secured and maintained;
Employing trained security staff where appropriate; and
Responding to prior criminal incidents or resident concerns.

Failure to do so may breach the duty of care under Section 768.0701, Florida Statutes, which governs premises liability for criminal acts by third parties and codifies aspects of foreseeability and causation.

Implications for Landlords and Tenants

This lawsuit could set a precedent for how courts interpret and apply the duty of care in high-density, luxury urban properties. For landlords and property managers, it serves as a strong reminder to:

Routinely inspect and upgrade security infrastructure;
Document and act upon resident complaints or safety concerns; and
Establish clear protocols for preventing unauthorized access.

Tenants, on the other hand, should feel empowered to report security flaws and understand that the law may provide remedies if a property owner’s inaction results in harm.

The Jane Doe v. SoMa at Brickell case illustrates the real-life consequences of failing to take security seriously. Florida law is clear: when landlords and property owners neglect their duty to provide reasonably secure premises, they may be held legally and financially accountable. As urban crime trends evolve, so must the precautions and standards of those who profit from residential leasing.

If you’re a property owner, tenant, or legal professional seeking more insight into negligent security claims in Florida, feel free to contact our firm for a consultation.

Preventable Tragedy: Negligent Security Leads to Assaults

On August 26, 2024, Diontae Blackman illegally entered Downtown 5^th – a luxury high-rise apartment building located on 55 NE Fifth Street – and raped a 20-year-old young woman inside her apartment. A building that advertises as “secure remote-control access,” residents of the building assumed they would be safe in their own home. Regrettably, while security may be promised by many luxury high-rise apartment buildings in the Greater Miami area, it is seldom a promise delivered.

Blackman entering a Downtown, Miami building in August of 2024

This is not the first time a non-resident has trespassed into an apartment building or condominium and broken into a resident’s home. What’s worse? The August 2024 incident at Downtown 5^th is not a first for Blackman, who similarly broke into our client’s home back in May of 2021 and attempted to rape her. There, Blackman followed our client (Jane Doe) past the front door of the building, where an employee/independent contractor for the building held the door open, through the lobby and past the front desk reception area and into an elevator. After stalking Jane Doe to her unit, he forced his way inside, threatened her and beat her with a metal pipe. Blackman was arrested. He plead guilty to a charge of burglary with assault or battery and received a 22- month prison sentence, with credit for 720 days served, and five years of probation.

Blackman entering a Brickell, Miami condominium in May of 2021

Unfortunately, just four months after he was placed on probation for the Brickell incident, Blackman committed the almost identical crime at Downtown 5^th. Like in the Brickell incident, Blackman walked right past the building’s “security measures.” He is now being charged with armed kidnapping, armed sexual battery and burglary with assault or battery.

Mase Seitz Briggs sued Jane Doe’s Brickell condominium building, it’s property management company and the security company they retained, arguing all three Defendants were negligent in securing the building. Mase Seitz Briggs was successful in obtaining a substantial confidential settlement for Jane Doe, and she is now working towards processing this tragedy.

Understanding Negligent Security Cases and the Legal Standard

When you visit a business, apartment complex, hotel, or any other property, you have a reasonable expectation of safety. Property owners and managers have a legal duty to take necessary precautions to prevent foreseeable crimes and protect visitors from harm. When they fail to do so, and someone is injured due to criminal activity that could have been prevented, the injured party may have a claim for negligent security.

Negligent security cases fall under premises liability law, which holds property owners responsible for maintaining a safe environment.

What Is a Negligent Security Case?

Negligent security cases arise when a person is injured due to a lack of adequate security measures on a property where criminal activity was foreseeable. These claims are often brought against property owners, businesses, and landlords who fail to provide reasonable security measures to protect tenants, guests, or customers from harm.

Examples of negligent security include:

Lack of security cameras or broken surveillance systems
Poor lighting in parking lots, stairwells, or hallways
Failure to install or maintain locks, gates, or access control systems
Lack of security personnel or untrained security staff
Ignoring prior criminal activity on the property
Failing to warn visitors or tenants of known security risks

If inadequate security contributes to an assault, robbery, or other violent crime, the victim may have grounds to sue the property owner for negligence.

If you or a loved one has been injured due to inadequate security, you may be entitled to compensation. A skilled premises liability attorney can help you build a strong case and hold negligent property owners accountable.

At Mase Seitz Briggs, we have extensive experience handling negligent security cases. If you have questions about your legal rights, contact us today for a free consultation.

Understanding Your Rights: Confidentiality Laws in Florida

Sexual abuse is a horrific violation. The aftermath can be filled with confusion, shame, and fear. Speaking up about what happened can feel overwhelming, especially if you're worried about information being shared with others. However, Florida has confidentiality laws in place to protect survivors who choose to report abuse.

This blog will explore these laws and empower you with knowledge about your options. We'll also discuss the importance of informed consent and when exceptions to confidentiality may arise.

Why Confidentiality Matters

Confidentiality is a cornerstone of empowering survivors to report sexual abuse. The fear of disclosure can be a significant barrier, preventing victims from seeking help and pursuing justice. Here's a breakdown of why confidentiality matters so much:

Safety First: Sexual abuse survivors often fear retaliation from the perpetrator or social stigma. Knowing their information is confidential allows them to report without worrying about potential repercussions, increasing their sense of safety.
Privacy and Control: Sexual abuse is a deeply personal violation. The decision of who to share this experience with should belong solely to the survivor. Confidentiality allows them to control the narrative and disclose information on their own terms.
Empowerment to Heal: The fear of judgment or public shame can be paralyzing. Confidentiality allows survivors to come forward and seek the support they need to heal, without the burden of public scrutiny. This can include seeking medical attention, legal advice, or therapy, all crucial steps on the path to recovery.
Greater Reporting Rates: Studies have shown that confidentiality laws encourage more victims to report sexual abuse. This allows authorities to identify patterns, track offenders, and take preventative measures to protect others.

By prioritizing confidentiality, we can create a safe space for survivors to come forward, seek the help they deserve, and ultimately begin the healing process.

Limited Exceptions to Confidentiality

While Florida prioritizes confidentiality for sexual abuse survivors, there are a few limited exceptions it's important to be aware of. These exceptions are in place to protect the safety of yourself or others.

Mandatory Reporting: Certain professionals by law are mandated to report suspected child abuse. This includes doctors, teachers, therapists, and counselors. If they have reasonable suspicion a minor is being abused, they must report it to the authorities.
Imminent Harm: Confidentiality may be breached if a report indicates a clear and present danger of further abuse to the victim or someone else. This could involve situations where the perpetrator threatens violence or expresses suicidal intent.
Legal Proceedings: Confidentiality may be limited in legal situations. If a lawsuit is filed concerning the abuse, a court order could compel the release of certain information. This emphasizes the importance of consulting with an attorney who can advise you on your legal rights and how to protect your privacy throughout the process.

Importance of Informed Consent

Disclosing details about your sexual abuse experience can be a difficult decision. Even if the setting doesn't offer complete confidentiality, you have the right to feel empowered throughout the process. Informed consent is paramount here. Before sharing anything, you deserve to understand exactly who will receive the information and for what purpose. This transparency allows you to make informed choices about what details you disclose and ensures you feel a sense of control during a potentially overwhelming situation.

Your Options for Reporting Abuse

Taking the first step towards healing after sexual abuse is an empowering act. Understanding the different reporting options available in Florida, and their confidentiality levels, can help you choose the path that feels safest and most comfortable for you.

Remember, there's no right or wrong way to report. Choose the option that empowers you to take a step towards healing, or even combine them, such as seeking support while filing a report.

Reporting to Law Enforcement

Filing a police report can initiate a criminal investigation. This can lead to holding the perpetrator accountable and potentially obtaining a restraining order. While police reports aren't confidential, you can request anonymity during the investigation. Keep in mind, the process can be lengthy and there's no guarantee of prosecution.

Reporting to a Sexual Assault Victim Advocate

Sexual assault centers provide a safe, confidential space with trained professionals. They offer emotional support, crisis intervention, and can help navigate the reporting process if you choose. These centers also connect you with legal resources and support groups to assist with healing.

Reporting Anonymously

For those who aren't ready to reveal their identity, Florida allows anonymous reporting through online hotlines or the DCF abuse hotline. While this may not lead to direct action against the perpetrator, it can help identify patterns and take preventative measures.

How an Attorney Can Help You Find Your Voice

An attorney specializing in sexual abuse cases can be a powerful advocate during this difficult time. They can:

Explain your legal rights: They'll ensure you understand Florida's confidentiality laws and reporting options.
Guide you through the reporting process: An attorney can navigate the legalities of filing a report and protect your privacy.
Explore legal options: They can advise you on potential legal avenues such as pursuing a civil lawsuit against the perpetrator.
Connect you with resources: Attorneys have a network of resources available to assist with your emotional and physical well-being.

Let Mase Seize Briggs Help You Find Your Voice

Give us a call at (786) 751-4714 or fill out the form online to schedule a consultation to speak with one of our attorneys to discuss your potential claim. There is no charge to speak with us to find out if you have a case and no obligation to retain our services.

Ban Cell Phones at School

Kudos to the Los Angeles Board of Education which yesterday voted to ban cell phone use by children at school. Articles reporting on their courageous decision noted that they faced pushback from parents and enforcement is expected to be challenging. What a sad commentary on our society that parents would push back on something which is indisputably in the best interest of their children. All the empirical studies and data confirm that children learn better when not distracted by cell phones. There is no good reason for cell phones in school. The argument that parents need to reach their children in case of an emergency is specious: schools have land lines and paging systems. Children can put away their cell phones upon arrival (in their lockers, a designated, secure cell phone charging area, or somewhere else) and enjoy their day with an unimpeded (at least by cell phones) ability to focus. The reason they are in school is to learn and grow, after all. Cell phone access while there in no way aides or furthers this.

The Los Angeles Board did parents a favor: they gave them cover for what most will not do themselves. Governor DeSantis should take a page from their book and ban cell phone use by children while at school in Florida. While the author believes in a libertarian approach to government, with minimal intrusion into our personal lives and decisions, an exception to this is where public (and especially children’s) safety is involved. This is a safety issue, an education issue, and a socialization issue. Educating our children when not to use cell phones by banning them at school is a good start. From there we can educate our children on not using them when operating motor vehicles and move on to cell phone etiquette.

Florida Department of Education Fights Back Against Gender Identity Inclusion in Title IX Update

What Does This Mean for Florida Students?

A new bill set to take effect on July 1, 2024, is renewing the conversation about Title IX updates in Florida. The Florida Department of Education has consistently fought against the Biden-Harris Administration's proposed changes to Title IX, including those that promote gender identity inclusion and specifically prohibit discrimination based on sexual orientation or gender identity.

Individuals who experience gender discrimination or sexual harassment are strongly encouraged to seek legal counsel. Depending on the circumstances of the case, this may be a direct violation of Title IX, a federal law that protects students, faculty, and staff at public and private educational institutions from gender discrimination.

What is Title IX?

Title IX of the Education Amendments of 1972 is a federal law prohibiting sex-based discrimination at private and public educational institutions that receive federal funding. Individuals who experience sex-based discrimination at an educational institution, such as a college or university, may be able to take legal action citing a violation of Title IX.

What Changed in the Recent Title IX Update?

The Biden Administration announced in June 2022 that they would be proposing changes to the decades-old law. The changes were expected to be in effect by May 2023 but have been pushed back several times. One of the proposed changes was to include language prohibiting discrimination-based on sexual orientation and gender identity.

Florida’s Sexual Misconduct Information in Public K-20 Education, set to take effect in July, contains language requiring schools to ensure that “students and employees have equal access to education and educational facilities, regardless of sex, sexual orientation, or gender identity.”

The new law would also require school districts to provide contact information for the Title IX coordinator at the institution, have a policy related to sexual harassment and other Title IX protections, and to implement a comprehensive prevention and outreach program on the matter.

What Does This Mean for Transgender Students?

According to Central Florida Public Media, the changes will have “wide-ranging implications for LGBTQ students.” Under the Title IX updates, discrimination against LGTBQ and transgender students would be prohibited. Students would be able to use the restroom and locker room that aligns with their gender identity.

The new law, however, does not overturn a statewide ban that prohibits transgender students from playing on sports teams that are consistent with their gender identity. Transgender women in sports are still required to participate in sports that align with their biological gender.

The Fairness in Women's Sports Act, signed by Governor Desantis, does not allow individuals who were assigned the biological sex of male at birth to join a female team.

Florida’s DOE Tells School District to “Disregard” Changes

Almost immediately after the initial proposed changes to Title IX were announced, Florida Education Commissioner Manny Diaz Jr. instructed superintendents and school boards to disregard Title IX updates. He said they were under “no obligation” to follow these guidelines. The Florida Attorney General, Ashley Moody, also announced opposition to the changes.

Are These New Changes Still Enforceable?

Title IX is a federal law. It applies to most public and private schools that receive federal funding. Individuals who face gender-based or sex-based discrimination are strongly encouraged to report the potential Title IX violation and to seek legal counsel. In most instances, Title IX is enforceable and must be upheld.

Should You Consult an Attorney for Challenging Gender Discrimination in School?

If you face gender identity discrimination at school in Florida, you should consult with an experienced attorney. An attorney can help you understand your rights and will walk you through the legal process. Title IX is designed to protect students, staff, and faculty at public and private institutions from discrimination. A failure to follow these guidelines is harmful to all students, particularly those who have historically faced discrimination.

Your institution is required to have a Title IX coordinator. If you suspect a Title IX violation, it is essential to not only report the allegations to the coordinator, but also to consult with an attorney about your rights. An attorney can help you navigate the proceedings and work to ensure you receive the best possible outcome in your case.

Mase Seitz Briggs: Protecting the Rights of All Students

At Mase Seitz Briggs, we have extensive experience protecting the rights of all students, including the transgender and LGBTQ community. Our lawyers will work diligently to ensure that any and all Title IX violations are sufficiently addressed. We understand the devastating effect that discrimination can have on individuals of all ages, and we are here to help.

If you have experienced gender identity discrimination, sexual harassment, or another violation of those things protected by Title IX, contact us at (844) 627-3529. We offer a free, confidential consultation for all students. All case evaluations are provided without obligation to retain our services. We proudly represent clients throughout South Florida and the surrounding areas.

P Diddy Sex Trafficking/Sexual Assault Allegations Revealed: The Truth Will Always Come Out

The recent news reports of alleged sex trafficking, sexual abuse, and assaults by Sean Combs, aka P Diddy, a powerful man in the music and entertainment industry, are shocking to many, but not to us. We have successfully brought claims against high profile celebrity entertainment moguls and others and obtained substantial recoveries for their victims.

With so many similarly accused celebrity sexual predators before him: Harvey Weinstein, Jeffrey Epstein, Catholic Priests, and Boy Scout Leaders, to name a few, the saying “where there is smoke, there is fire” proved to be true. There is a lot of smoke around celebrity music mogul P Diddy, including allegations of sex trafficking, sexual abuse, assault and rape. And just like the many wealthy and powerful sexual predators before him, if the allegations are true, he has injured countless victims by dehumanizing and debasing them leaving permanent and deep physical and emotional scars. With a celebrity like P. Diddy, who is wealthy and powerful, the victims of sex trafficking, abuse, rape, and assault feel powerless, coerced and guilty.

The law does not have a perfect remedy for all the physical and emotional harm sexual predators cause. Our system of justice has only the imperfect remedy of money damages. Victims of sexual abuse, assault and rape, especially by public figures, must navigate a complex legal landscape. We're proud to have represented survivors of sexual abuse and assault and to have helped them recover a measure of redress against their abusers. We will continue to do so seeking justice for victims of sexual predators.