A family has filed a lawsuit against the Radisson Hotel in Miami Beach, seeking over £15 million in damages after their 11-year-old daughter was allegedly subjected to inappropriate behaviour by a man while they were guests at the hotel last autumn. The incident, which reportedly took place in the hotel pool, has raised serious concerns about the effectiveness of security measures at the establishment.
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The accused individual has been identified as 69-year-old Osvaldo Diaz, who has been charged with lewd and lascivious battery on a child, as well as burglary with assault or battery, according to jail records. The lawsuit was lodged on 14 May, following the alleged incident which occurred on 27 October 2022.
According to reports by NBC Miami, the young girl, who was on holiday in the United States with her family visiting from Sweden, was swimming in the hotel pool when Diaz, who was not a guest, allegedly groped her. The family states that they noticed a troubling lack of security during their stay, suggesting that this absence contributed to the incident.
The child’s mother expressed her concerns, stating that she had never seen any security personnel at the hotel during their visit. “We believe this hotel had no security at that point, and that is what invites crime like this,” the family’s attorney, Justin Shapiro, explained. His comments reflect the family’s belief that better security measures could have potentially prevented the distressing event.
As detailed in an arrest affidavit, the young girl initially assumed the inappropriate touch was an accident. When Diaz allegedly followed her and continued the assault, she decided to leave the pool and confided in her older siblings and parents about what had happened. Following this revelation, her father confronted Diaz and attempted to get him to stop before security was called.
When law enforcement arrived, Diaz reportedly tried to flee. However, hotel security was able to keep him in sight until authorities apprehended him. Upon his arrest, Diaz claimed he was at the hotel with friends and insisted he had not interacted with the girl, despite a manager confirming that he was not a registered guest and had trespassed into the private pool area.
The family’s legal action against the Radisson Hotel highlights ongoing concerns about safety and security in hotels, particularly regarding vulnerable guests such as children. The attorney for the family is adamant that the hotel’s negligence in providing adequate security measures could not only have prevented this incident but also poses a risk to other guests.
Diaz’s bail has been set at £15,000, and he remains in custody as legal proceedings continue. Attempts to reach Diaz’s attorney for further comment have not yet yielded a response.
The family’s ordeal serves as a stark reminder of the importance of security in establishments frequented by the public. Victims of similar incidents or those who may require support are encouraged to seek help. For assistance, individuals can text “STRENGTH” to the Crisis Text Line at 741-741 to connect with a certified crisis counsellor.
As the case unfolds, both the Radisson Hotel and local authorities will likely face scrutiny regarding their security practices and protocols to ensure the safety of all guests.