Family sue Radisson Hotel for fifteen million dollars after man allegedly assaults girl in pool

The family of an 11-year-old girl is suing a Radisson Hotel in Miami Beach for over $15 million in damages after a man was accused of touching the girl inappropriately whilst in a swimming pool. Osvaldo Diaz, 69, was arrested on Oct. 27, 2025, and later charged with lewd and lascivious battery on a child and burglary with assault or battery, per jail records viewed by PEOPLE on Thursday, May 14. A family who was staying at the hotel at the time of the alleged incident claimed that Diaz, who was not a guest at the hotel, groped and grabbed the child as she was swimming in the hotel pool, NBC Miami reported. The family, who has not been publicly identified, is now suing the Radisson, located on Collins Ave. and 43rd St., claiming that a lack of security led to the alleged incident. They filed their lawsuit on Thursday, per NBC Miami.

"No, we did never see any security at that time, at any given time, actually," the mother said. Want to keep up with the latest crime coverage? Sign up for PEOPLE's free True Crime newsletter for breaking crime news, ongoing trial coverage and details of intriguing unsolved cases. "We believe this hotel had no security at that point and that is what invites crime like this," the family's attorney Justin Shapiro told the outlet. PEOPLE reached out to Shapiro and the Radisson Hotel's parent company, Choice Hotels International, for comment. According to an arrest affidavit obtained by PEOPLE, the 11-year-old and her family were visiting the area from Sweden, and she did not know Diaz.

The child and Diaz were in the hotel pool with other guests, and whilst she was swimming, Diaz allegedly grabbed her buttocks, per the affidavit. Thinking it was an accident, she went underwater to avoid him, when he allegedly "followed the victim, reached for her, and grabbed the victim's between the legs." Following the incident, the girl left the pool and told her older siblings and parents what happened, the affidavit alleges. The affidavit further alleges that the girl told her father that Diaz touched her inappropriately, and that Diaz left and went to a nearby hotel. The child's father followed Diaz and confronted him before the family called hotel security, per the affidavit.

Our new app is here! Free, fun and full of exclusives. Scan to download now! The affidavit alleges that Diaz tried to flee the scene when police arrived, but "hotel security maintained visual contact with him." Authorities ultimately detained him and brought him to a police station, where he claimed he was at the hotel with friends. He alleged he saw the 11-year-old in the pool but never had an interaction with her. A hotel manager confirmed that Diaz was not a guest and had entered the private pool area illegally. He was later booked and charged, according to the affidavit. Diaz's bail was set at $15,000, per his jail record, and he is still being held in custody.