Massachusetts Personal Injury Library

Lawsuits Arise over Negligent Security at ATMs (Part A)

Does negligent security at ATMs invite crime?

Of course it does. At least, that is the refrain of attorneys who argue lawsuits brought by victims of violent crimes at ATMs, or the victims’ families. While these customers used the ill-fated automated teller machines of their own accord, they had a right to expect that their personal safety would not be violated in the course of doing their banking.

That is the decision of the courts in most states. A duty of care owed by the business owner to patrons extends to security at on-site or remote cash machines. How far that responsibility goes is decided on a case by case basis, with civil lawsuits over personal injury and wrongful death the proving grounds.

What was once the customers’ risk and the banks’ afterthought is becoming a more egalitarian rule of law: A customer who does business in good faith should be secure in his or her person, insofar as the business and property owner can render an environment reasonably safe. A bank or store ATM manager can use what is known about the property where a machine sits to discern whether it is at excessive risk for crime.

For instance, heavy shrubbery or obstacles in front of a machine provide excellent cover for robbers, who might be carrying weapons to help realize their crimes. This common knowledge points to a foreseeable risk of harm. Therefore, the bank owner has a responsibility to trim or remove obstructing foliage, dumpsters or parking areas where cars might obstruct the views of potential witnesses to crimes. Thinking ahead like this can prevent incidents from occurring, and the state recognizes this as lawful performance of the duty of care.

Owners must take into account:

• A machine’s location
• The business conducted there
• The criminal statistics for the neighborhood
• Any incidents reported at that particular machine

Using this knowledge, they must allow for “adequate” security for customers. The courts are defining this requirement with each lawsuit decision.

If you have been robbed or injured due to inadequate security at an ATM in Massachusetts, you should contact a Boston premises liability attorney immediately to learn about your rights and determine liability. Massachusetts has a statute of limitations that may prohibit you from filing a lawsuit if too much time has passed. Contact Kiley Law Group for guidance on your personal injury case.

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