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:

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:

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:

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:

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.

Drink-Spiking and the Law: What to Do If You Were Roofied

During spring break, many Florida coastal cities come to life with students looking for sunny beach days and vibrant nightlife. But in the blink of an eye, a fun night out can take a turn for the worse. Imagine this: you go out with friends and after just a drink or two you don’t feel like yourself. You feel much more intoxicated than you are; the night starts to get blurry, and then the next thing you remember is waking up at home or in an unfamiliar place with no recollection of how you got there.

While most college students have heard of drug-facilitated sexual assault (more commonly known as “date rape”), in the moment and under the influence, many feel confident that it will never happen to them. Sadly, that false sense of security does not stop drink-spiking or date rape from occurring.

The Worst-Case Scenario

In 2021, two spring breakers drugged and raped a tourist they met while out at a restaurant in Miami Beach. Police later found the 24-year-old woman dead in her hotel room, likely due to complications from the pill she was given. In that case, the perpetrators were charged with sexual battery, among other crimes. If the woman’s death is ultimately linked to the pill she was given, they may face murder or manslaughter charges.

While this is the worst-case scenario, it is important to recognize that less severe outcomes of drink-spiking occur more frequently. Drugs commonly used to spike drinks, often referred to as “roofies,” are powerful sedatives that quickly incapacitate victims, leaving them confused, disoriented, and unable to defend themselves. These drugs make individuals particularly susceptible to sexual assault, as they are mentally and physically impaired, unable to consent, and often have little to no memory of the assault.

Common drugs used to spike drinks include Ketamine, Rohypnol (flunitrazepam), and GHB (gamma-hydroxybutyrate). These substances are fast-acting, colorless, odorless, and tasteless, making them nearly impossible to detect in a drink, especially in dark environments like clubs, bars, and parties. While the outcome may not always be as tragic as death, the trauma of being drugged—whether the effects are mild or severe—can still have lasting emotional, psychological, and physical consequences.

Symptoms of Ingesting a Spiked Drink

Part of what makes being roofied so scary is that it can happen to anyone. While the effects of roofies can vary, generally a sudden and drastic change in behavior or physical state is a major red flag. If you start to feel dizzy, drowsy, confused, or nauseous after just one or two drinks, your drink may have been spiked. A loss of memory is another common and frightening symptom of consuming a spiked drink. Symptoms of being roofied can continue to the next day, including a persistent headache, confusion, fatigue and general weakness. If you experience these signs, or notice them in a friend, seek help right away.

What Should You Do If You Were Roofied?        

If you are out at a club, bar, or party and suspect you have consumed a spiked drink, notify someone—a friend, security guard, or police officer—and try to get somewhere safe as soon as possible. To reduce the risk of being roofied, always keep an eye on your drink and never leave it unattended.

While these safety tips are important, preventing drink-spiking is not solely your responsibility. If you suspect that you were roofied, there are both criminal and civil avenues for seeking justice. In addition to criminal charges against the perpetrator(s), you may have a civil claim against the establishment where the incident occurred.

If You Believe You Were Roofied, Here Are the Steps You Should Consider:

  1. Seek Immediate Medical Attention: If you feel disoriented or unwell, it’s crucial to get medical help as soon as possible. Medical professionals can test for drugs in your system and ensure your safety. In the event of a suspected sexual assault, healthcare providers can administer necessary treatment and perform examinations that will gather and preserve evidence that may become crucial in future legal matters.
  2. Report the Incident to the Police: If you believe your drink was spiked, report it to the police. This is important for both your safety and for initiating an investigation.
  3. Document Everything: Keep a record of what happened. If possible, take note of what you drank, where you were, who was with you, and any other relevant details about the night. This information could be important if you pursue a legal claim.
  4. Consult with an Attorney: If you suspect you were roofied and want to explore legal options, a personal injury attorney with experience in premises liability, negligent security, and vicarious liability cases can help. They can assess whether the establishment failed to take reasonable steps to protect your safety and advise you on how to proceed with a claim.

Holding Establishments Accountable

Under Florida law, bars, clubs, and restaurants have a duty of care to maintain a reasonably safe environment for all patrons. This means that establishments must take steps to protect their patrons from potentially dangerous situations. If an establishment knows, or should know, that there is a risk to the safety of its guests—such as a patron spiking drinks—they are legally required to act. This may include removing the dangerous individual or taking other measures to prevent harm.

If you suspect your drink may have been drugged by a bartender or employee of the establishment that sold and served your drink, you may have a civil claim for vicarious liability. In Florida, vicarious liability means that an employer can be held responsible for the actions of its employees if those actions occur within the scope of their employment. If a bartender or employee intentionally spikes a drink, or is negligent in serving alcohol, and their actions lead to harm, the establishment could be held liable.

Be Safe and Vigilant During Spring Break

While spring break should be a time of fun and relaxation, it’s crucial to stay vigilant and protect yourself and your friends from the dangers of drink-spiking. If you suspect you've been roofied, taking immediate action can help ensure your safety and hold the responsible parties accountable.

Preventable Tragedy: Negligent Security Leads to Assaults

On August 26, 2024, Diontae Blackman illegally entered Downtown 5th – 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.

Preventable Tragedy: Negligent Security Leads to Assaults
Preventable Tragedy: Negligent Security Leads to Assaults

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 5th 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.

Preventable Tragedy: Negligent Security Leads to Assaults

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 5th. 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:

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.

Beyond Stranger Danger: The Reality of Non-Stranger Sexual Assault

When we think of sexual assault, the image that often comes to mind is a stranger lurking in the shadows. However, the stark reality is that most sexual assaults are committed by someone the victim knows. This disturbing trend, known as non-stranger sexual assault, can have devastating and long-lasting consequences.

Non-stranger sexual assault can take many forms, including incest, child molestation, and sexual assault by a partner or acquaintance. These types of assaults are often more difficult to detect and report, as they can occur within seemingly trusted relationships.

Why Do Non-Stranger Sexual Assaults Occur?

One of the primary reasons for the prevalence of non-stranger sexual assault is a process known as "grooming." This insidious tactic involves a perpetrator gradually gaining the trust of a victim, often a child, through manipulation, coercion, or emotional manipulation. By building a false sense of intimacy and security, the perpetrator can exploit the victim's vulnerability.

Power dynamics also play a significant role in non-stranger sexual assault. Perpetrators may use their position of authority, such as a parent, teacher, coach, or even a celebrity with a large following, to control and manipulate victims. This imbalance of power can make it difficult for victims to recognize and resist abuse, especially when the perpetrator holds a position of respect or admiration.

In recent years, there has been increased public awareness of sexual abuse within the entertainment industry. High-profile cases have exposed the prevalence of predatory behavior by powerful figures, highlighting the abuse of power and the vulnerability of aspiring actors and musicians. These cases underscore the importance of recognizing and addressing the systemic issues that contribute to non-stranger sexual assault.

Long-Term Effects of Childhood Sexual Abuse

The long-term effects of childhood sexual abuse can be devastating. Victims may experience a wide range of psychological, emotional, and physical problems, including:

Recognizing the Signs of Non-Stranger Sexual Assault

It's crucial to be aware of the signs of non-stranger sexual assault. While every child is different, some common signs include:

If you suspect that a child is being sexually abused, it's important to take action. Talk to the child and let them know that you believe them. Encourage them to seek help from a trusted adult, such as a teacher, counselor, or doctor. Remember, it's not your job to investigate or confront the abuser. Your priority should be to ensure the child's safety and well-being. You can also report your concerns to child protective services.

Seeking Help and Justice

If you or someone you know has been a victim of non-stranger sexual assault, it's important to seek help. There are many resources available to survivors, including:

At Mase Seitz Briggs, our team of dedicated Miami maritime and personal injury lawyers is committed to fighting for the rights of survivors. We understand the complex legal issues involved in sexual assault cases and are prepared to help you seek justice. Our experienced attorneys will work diligently to protect your rights and ensure that you receive the compensation you deserve.

If you have been a victim of sexual assault, please don't hesitate to contact us at (305) 377-3770. We are here to listen, provide support, and fight for your rights. Our firm offers compassionate and confidential legal services to help you navigate the legal process and seek the justice you deserve. Remember, you are not alone.

Beyond the Game: The Hidden Threat of Sexual Assault in Sports

It takes tremendous courage and strength to play the sports our young people play daily. It takes even more strength and courage to come forward to report and tell the story of the sexual abuse they have suffered. Simply reporting the abuse comes with a fear of retaliation, not only personally but professionally. When you play a sport, you want to listen to and respect your coach and everything they ask of you when you are training, but sometimes, that power imbalance between a coach and a student can be abused. After reporting a sexual abuse case and filing a criminal charge against an abuser, you can still file a civil lawsuit to cover the financial and emotional suffering that you experienced. As sexual abuse attorneys, we will listen with compassion and conviction and help find not only the right path for you but the one that you and your family are most comfortable with. 

Understanding Vulnerability in Sports

The harmful acts of others are something we shield our families and children from out in the world but we tend to let our guard down when it comes to the sports they love and the places they play them in. Sports and youth sports have been proven to provide children with a long list of benefits for their physical and mental health and their sense of community and confidence. When young athletes become victims of abuse, they often don’t know who to turn to. While under 10% of minor athletes report sexual abuse, it’s said to be markedly underreported. 

Children who play sports leave their training and future success to their current coaches. As young children, the gray area between training and inappropriateness can blur even further; without knowing right and wrong, children may let small indicators slip. These small red flags can help parents and children identify groomer behavior. 

As children age in youth sports, they rely heavily on their authority figures to guide them in their next steps in the sport and take care of their bodies based on what the sport demands for success. With these opportunities carrying much more weight, if a young athlete faces sexual abuse, they may worry that if they reach out to a trusted adult and tell them, their coach may be fired, other athletes will blame them or they may even face retaliatiation from the coach or any universities they were considering. 

Recognizing the Signs of Sexual Abuse in Sports

As parents, we do our best to shelter and protect our children, but as they grow, travel, and trust others, it can be challenging to determine if they have suffered at the hands of another. While there are potential warning signs, many don’t speak out of fear or even shame. While these are not always an indicator of sexual abuse, there are common warning signs to look out for:

The heartbreaking and terrifying moment when a parent may suspect that their child is being abused by a trusted adult figure in their sport can leave parents stunned. Knowing where to turn in these moments is crucial, and you should reach out to a sexual assault lawyer immediately. 

Breaking the Silence: Resources for Healing and Support

Disturbing and high profile cases in recent years have brought youth sports and the sexual abuse that our young athletes face back into the conversation. However, while this exposure makes it easier for victims to speak up and know that they are not alone it’s essential that the resources available are just as accessible and easy to locate. These resources allow those who need it access to a range of free services such as confidential support, local resources, and long term support resources.

These safe, confidential services were made for those in need. If you need them, you can always reach out; someone will help you. 

These organizations make it their life’s work to stop abuse, build programs to prevent violence, help survivors, and ensure that perpetrators are brought to justice. If you or someone you know needs help, don’t hesitate to get them the help they deserve. 

Seeking Justice: How an Attorney Can Help

Not just the perpetrator is accountable for the abuse that you or a loved one has suffered. In some instances, a third party or more can also be held legally liable for the circumstances that led up to the assault. Our legal team's priority is handling these cases with care due to the sensitive topics. With years of experience working with experts in assault and rape cases, Mase Seitz Briggs has the expertise and compassion to represent you or a loved one following these life-changing instances. Contact us today to hold those accountable and to get your young athlete back on the field empowered.

Increase in Sexual Assault Cases on College Campuses Raises Alarms

The alarming rise in sexual assault cases on college campuses is a pressing issue that demands immediate attention. Recent studies reveal that a significant number of students, particularly women and marginalized groups, are experiencing nonconsensual sexual contact and other forms of sexual violence. Institutions like the University of Florida and Cornell University report troubling trends, with incidents occurring both in residential halls and broader campus areas. This increase not only highlights the vulnerability of students but also calls for a collective action to create safer campus environments

How to Protect Yourself or a Loved One

Protecting yourself or a loved one from sexual assault on college campuses involves a combination of personal safety measures, awareness, and utilizing available resources

Start by familiarizing yourself with the campus layout and staying alert. Use the buddy system and communicate your plans to friends or family. Enrolling in self-defense courses can also be empowering. 

Make sure that you utilize campus security services, such as escorts, and safety apps for added protection. Familiarize yourself with campus resources like counseling centers. Participating in educational programs about sexual assault prevention and consent can further enhance safety​.

What is Considered Sexual Assault in Florida?

In Florida, sexual assault encompasses any non-consensual sexual contact or behavior, including unwanted touching, forced sexual interactions like rape, sexual coercion, and sexual exploitation such as human trafficking. Statutory rape and child molestation are also forms of sexual assault​. Sexual battery, a specific type of sexual assault, involves unlawful vaginal, anal, or oral penetration without consent and carries severe penalties including long prison sentences, fines, and mandatory registration as a sex offender​​.

Different Types of Sex Crimes

Sex crimes include a range of illegal activities involving sexual conduct. Key types are:

These crimes carry severe penalties, including imprisonment and mandatory registration as sex offenders.

Stats on Sexual Assault on College Campuses

Nationally, about 13% of all students experience rape or sexual assault through physical force, violence, or incapacitation, with undergraduate women being particularly at risk (26.4%) compared to their male counterparts (6.8%)​​. Specific incidents and trends vary across universities. For example, at the University of Florida, 67 cases of rape and sexual assault have been reported on campus over the past five years, with residential halls accounting for about a quarter of these cases​​. 

Similarly, a survey at Cornell University revealed that 11% of students experienced nonconsensual sexual contact since enrolling, with higher rates among marginalized groups​. Despite the prevalence, many incidents go unreported, highlighting the need for better awareness and support systems for victims.

Where Does Florida Fall on This Issue?

Like many states, Florida has seen efforts to address this issue through legislation, campus policies, and educational initiatives. Universities and colleges in Florida often have their own protocols and support systems in place for survivors of sexual assault, including counseling services, reporting mechanisms, and prevention programs.

What to Do If You Are Assaulted on Campus

If you are sexually assaulted on a college campus, it's crucial to prioritize your safety and well-being. Here are some steps you can take:

  1. Ensure Your Safety: If you are in immediate danger, try to get to a safe location as soon as possible. If necessary, call emergency services (911) for assistance.
  2. Seek Medical Attention: It's important to seek medical attention as soon as possible, even if you don't have visible injuries. Medical professionals can assess your physical condition, treat any injuries, and address concerns about sexually transmitted infections (STIs) or pregnancy.
  3. Preserve Evidence: Try to preserve any evidence of the assault by avoiding bathing, showering, changing clothes, or brushing your teeth until you've spoken with law enforcement or a medical professional. If you do change clothes, place the ones you were wearing during the assault in a paper bag to preserve any evidence.
  4. Contact Law Enforcement: You have the option to report the assault to law enforcement. You can contact campus security or local police to file a report.
  5. Seek Support: Reach out to trusted friends, family members, or support organizations for emotional support.
  6. Know Your Rights: Familiarize yourself with your rights as a survivor of sexual assault. Colleges and universities are required by law to have procedures in place for handling reports of sexual assault. You have the right to access support services, medical care, and academic accommodations.
  7. Consider Counseling: Talking to a trained counselor or therapist can be beneficial in processing the trauma of sexual assault and navigating the healing process.
  8. Explore Legal Options: You may want to explore legal options such as filing a restraining order, pursuing a criminal case against the perpetrator, or seeking civil remedies.

On Campus Resources Available for Students

Sexual assault is a horrifying experience that can leave survivors feeling isolated, confused, and unsure of where to turn. This is especially true for college students, who may be navigating a new environment and feeling overwhelmed by the aftermath of an assault. However, it's important to remember that you are not alone. Most colleges and universities have a network of resources available to support survivors and help them navigate the healing process.

Here's a glimpse into some of the on-campus resources you may find helpful:

Reaching out for help can feel daunting, but remember that these resources are here for you. You don't have to go through this alone.

Should You Consult an Attorney?

Consulting an attorney can be highly beneficial for survivors of sexual assault, as they can provide essential guidance and support throughout the legal process. Attorneys can help survivors understand their legal options, navigate complex legal proceedings, protect their rights, seek compensation for damages, and provide valuable emotional support. 

By choosing an attorney with experience in handling sexual assault cases, survivors can gain a trusted ally who is dedicated to advocating for their best interests and helping them pursue justice and healing.

Mase Seitz Briggs: Your Campus Defender

At Mase Seitz Briggs, we understand the unique challenges that survivors face and are dedicated to providing you with the legal expertise and compassionate support you deserve. You can trust us to fight tirelessly for your rights and to be a beacon of hope in your pursuit of justice.
Contact us today to learn how we can help you navigate this difficult time and work towards a brighter future. Don't hesitate to reach out to us at 786-751-4651 or on our website for a confidential consultation.