A Miami Beach family is suing a Collins Avenue resort for more than $15 million after a man allegedly groped their 11-year-old daughter while she swam in the hotel pool last October. The civil complaint names the Radisson Resort on Collins Avenue and 69-year-old Osvaldo Diaz, identified in arrest records and currently jailed on criminal charges. The girl's parents say their daughter has been frightened and more anxious ever since.
According to NBC 6 South Florida, the lawsuit accuses the hotel of failing to "adopt and implement reasonable security measures" and alleges Diaz entered the resort and pool area as a trespasser. The family's attorney, Justin Shapiro, told NBC 6 the hotel "had no security at that point and that is what invites crime like this," while the girl's mother said her daughter "has not been the same since the incident."
Local reporting on the arrest describes how the girl was swimming with family when Diaz allegedly first grabbed her buttocks; she went underwater to get away, and he then followed and grabbed her between the legs, according to WSVN. The girl's father reportedly chased Diaz to a neighboring hotel, where Diaz was found showering until hotel security and Miami Beach police arrived and took him into custody.
October arrest at the hotel pool coverage noted Diaz was not a registered guest at the Radisson and that he was transported to the Turner Guilford Knight Correctional Center after his arrest. Earlier coverage reviewed the arrest paperwork and cited police statements about how people accessed the pool area.
What the suit says and what comes next
The complaint, filed in Miami-Dade Circuit Court, seeks damages in excess of $15 million and alleges negligence and inadequate security at the hotel, according to NBC 6 South Florida. Criminal charges, including lewd and lascivious battery on a child and burglary with assault or battery, remain pending against Diaz as the criminal and civil cases move forward on separate tracks.
How negligent-security claims work in Florida
Florida courts and filings show that property owners can face negligent-security claims when plaintiffs demonstrate that an owner failed to take reasonable steps to protect guests and that this failure contributed to the harm. Recent court documents and precedent outline how those claims are evaluated in federal and state cases in Florida, and examples and filings are available in public dockets. Justia hosts sample filings and decisions that explain the legal standards.
The family's lawsuit frames the case as both a bid for compensation and a warning to other hotels that so-called guest-only amenities need stricter policing, their attorney said. With both a criminal prosecution and a civil complaint underway, attorneys and judges will ultimately sort through evidence about who had access to the pool and how security was or was not managed on the day of the alleged assault.
