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.
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.
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:
- 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.