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.

Dangers on the Water: Lessons Learned from the Recent Jacksonville Boat Crash

A Landing Craft Air Cushion or LCAC is a high-speed amphibious navy ship transporting up to 75 tons of equipment, cargo, or weapons from ship to shore right on the sand. These ships have training off the coast of Jacksonville, and in early May, two of these high-speed military vessels collided in the middle of one of these training sessions, injuring more than 30 sailors. While the Navy has yet to report what caused the collision, they did report that most of the people treated on board were evacuated to a nearby trauma hospital for additional care.

This is the second incident in recent weeks that saw sailors harmed during what is supposed to be routine training exercises. The Navy's primary focus is on the sailor’s health and well-being, but all maritime officers and their families should be familiar with the Jones Act. Protecting injured maritime workers, crew, and officers with compensation for injuries or fatalities is how the Jones Act works for you and your family. If you or a loved one has been injured in a maritime accident, contact a Jones Act attorney to start your family on the road to compensation.

The Importance of Safety When Working or Traveling by Boat

The dangers of working and being on the water cannot be overstated. Boating accidents have all the significant components of a car accident, including the risk of drowning, longer emergency response times, and exposure to the elements or inclement weather. Boating accidents include injuries, missing people, and even death to those on board. Accidents happen, but it’s vital that tragedies can be avoided by simply operating vessels responsibly. When a boating accident occurs, the party responsible can be held accountable for any negligence that caused the accident.

Common Causes of Boating Accidents

Most boating accidents can be avoided. Ensuring that small details such as wake zones and weather reports and ensuring the safety equipment are functional and not overlooked is what keeps everyone coming home safely from the sea. The vessel's captain is responsible for the safety of those not only on their boat but anyone else in or on the water around them. Through negligence, inattention, or inexperience, many captains end up facing liability for everyone who has suffered from a boating accident.

The leading causes of boating accidents are:

Operator Error
Improper Lookout
Speeding
Mechanical Failure
Inclement Weather

Ensuring that, as a captain, your boat is in working condition and your safety equipment is functional and ready for emergencies is the first step to ensuring that your boat is safe for passengers and crew to board. No one wants to find themselves in an emergency at sea, and the risks of capsizing, falling overboard or even hitting a floating object all increase in stormy weather. The most critical equipment on board is always a Coast Guard approved life jacket for all passengers. Captains can keep their crew safe with careful planning and attention to marine weather forecasts.

The Risks Faced by Maritime Workers

The rewarding and challenging work in the maritime industry comes with some of the most significant risks in the American workforce. From unpredictable weather to heavy machinery maritime workers face unique challenges that also require strict safety guidelines.

These maritime safety tips can help prevent maritime worker accidents and injuries.

Maintaining situational awareness of moving cargo, electrical malfunctions, spills, or unsafe conditions is essential to maritime safety.
Safety certifications and training should remain current with safety equipment such as harnesses, helmets, or goggles.
Maritime workers have a responsibility, to all on board, to be fit for duty. Fatigue, illness, intoxication, or lack of training can put everyone on board and on the water at risk.
Failure to follow these guidelines can lead to devastating accidents, so a maritime injury attorney can help workers through their next legal steps.

Legal Protections for Injured Maritime Workers (Jones Act)

The Jones Act is one of the most vital federal laws for maritime workers. Maintaining the rights of those working and also ensuring that employers provide care and compensation to those who have been injured or have wrongfully died while working. While some employers try to take advantage of the injured crew or retaliate against them when they try to file a claim for their suffering, the Jones Act provides the legal backing that the crew needs to ensure that they receive compensation and justice.

Contacting a Miami Maritime Injury Lawyer

For centuries, sailing was considered one of the most dangerous professions in the world. To this day, the maritime industry has a higher fatality and injury rate than the national average for all workplaces. As a maritime worker, you must remain vigilant in your safety precautions and ensure that you receive compensation and care if you or a loved one are injured. At Mase Seitz Briggs, our maritime attorneys in Miami, Florida, can help you and your family handle many crew member cases like injuries, pay, and even fair and safe treatment at the workplace. Our decades of experience specializing in maritime law will ensure you receive the compensation you deserve. Contact us today to start working with our experienced attorneys to set your family up for justice. Give us a call at (305) 377-3770 to get started.

Protecting Students: Holding Universities Accountable for Campus Sexual Assault

Recent reports of sexual assaults occurring at Florida State University (FSU) dormitories have sent shockwaves through the community, reigniting critical conversations about student safety and institutional responsibility. The vulnerability of students, particularly in environments meant to foster learning and growth, is an issue that demands urgent attention. It's a stark reminder that sexual assault is a pervasive problem on college campuses across the nation, and universities have a crucial role to play in preventing these crimes and supporting survivors.

The Alarming Rise of Campus Sexual Assault

Sexual assault on college campuses is a disturbing reality that affects countless students. The prevalence of these crimes underscores the urgent need for proactive measures to protect students and ensure their well-being.

Statistics on Sexual Assault on College Campuses

Florida, like many states, faces a significant issue with sexual assault on college campuses. Here are some relevant statistics that paint a stark picture; 20-25% of women will be sexually assaulted or experience a sexual assault attempt while in college.

The University of Florida's 2019 Campus Climate Survey revealed:

30.1% of undergraduate women and 7.7% of undergraduate men experienced nonconsensual sexual contact by force or inability to consent.
19% of graduate women and 3.9% of graduate men experienced non consensual sexual conduct by force or inability to consent.
14.8% of transgender, nonbinary, or genderqueer undergraduate and graduate students experienced nonconsensual sexual contact by force or inability to consent.

These statistics underscore the urgent need to address sexual assault on Florida campuses and ensure the safety and well-being of all students.

It's important to remember that these are just reported cases. The actual number of sexual assaults is likely much higher, as many victims do not come forward due to fear, shame, or lack of trust in the system.

The Impact of Sexual Assault on Survivors

The effects of sexual assault can be devastating and long-lasting, impacting a survivor's physical and mental health, academic performance, and overall well-being. Survivors often grapple with anxiety, depression, PTSD, and difficulties trusting others. They may also experience flashbacks, nightmares, and physical symptoms like chronic pain or sleep disturbances. It is crucial to recognize the profound trauma that sexual assault inflicts and to provide comprehensive support for survivors, fostering an environment where they feel safe, believed, and empowered to heal.

The Duty of Care: What Universities Owe Their Students

Universities have a legal and moral obligation to provide a safe environment for their students. This duty of care extends to taking reasonable measures to prevent sexual assault, such as implementing comprehensive security measures, providing educational programs on consent and healthy relationships, and fostering a culture of respect.

When incidents do occur, universities must respond promptly and effectively, conducting thorough investigations, providing support services to survivors, and taking disciplinary action against perpetrators when warranted.

When universities neglect these obligations, it becomes a legal matter of premises liability and you have the right to contact a Florida premises liability attorney to stand up for your rights.

Title IX Protections and Your Rights

Title IX is a federal law that prohibits sex-based discrimination in educational institutions that receive federal funding. Under Title IX, students have the right to be free from sexual harassment, sexual assault, and other forms of sexual misconduct.

If you have experienced sexual assault on campus, you have the right to file a complaint with your university and to seek support services. This includes the right to a prompt and equitable investigation, reasonable accommodations to continue your education, and protective measures against retaliation.

Examples of University Negligence in Sexual Assault Cases

Universities may be held liable for sexual assault if they fail to take reasonable steps to prevent these crimes or if they mishandle reports of sexual misconduct. Examples of university negligence include:

Inadequate security measures on campus, such as insufficient lighting, lack of surveillance cameras, or poorly trained security personnel.
Failure to properly investigate reports of sexual assault, including dismissing complaints without a thorough inquiry or creating a hostile environment for survivors during the investigation process.
Retaliation against survivors who report sexual misconduct, such as discouraging them from pursuing their complaint, ostracizing them from campus activities, or impacting their academic standing.
Failing to provide adequate training and education to students and staff on sexual assault prevention and response.

Taking Action After a Sexual Assault at FSU

If you or someone you know has experienced sexual assault at FSU, seeking help and support is crucial. Reporting the assault to the FSU Police Department or the Title IX Coordinator is an important step in holding the perpetrator accountable and preventing further harm.

It's essential to seek medical attention not only for any physical injuries but also to document the assault for potential legal proceedings. Counseling services can provide emotional and psychological support to help you process the trauma and begin healing.

Additionally, consulting with a campus sexual assault attorney can help you understand your rights and options under Title IX and explore potential legal remedies against the perpetrator or the university if they failed to provide a safe environment. Remember, you are not alone, and there are resources available to help you navigate this difficult time.

How Mase Seitz Briggs Can Help

At Mase Seitz Briggs, we are dedicated to advocating for the rights of sexual assault survivors. Our experienced attorneys understand the complexities of campus sexual assault cases and can provide compassionate and effective legal representation. We can help you file a Title IX complaint with your university, pursue a civil lawsuit against your assailant or the university, seek compensation for your physical and emotional injuries and hold universities accountable for their negligence.

If you have been sexually assaulted on campus, you are not alone. We are here to help you seek justice and reclaim your life. Contact Mase Seitz Briggs today for a confidential consultation.

Remember:

You have the right to be safe on campus.
You have the right to report sexual assault without fear of retaliation.
You have the right to seek justice and hold those responsible accountable.

Contact Mase Seitz Briggs at (305) 377-3770

Let us fight for you.