Massachusetts Personal Injury Library
What Banks Are Doing about ATM Security (Part A)
Remote banking makes ATM security the property owner’s responsibility. While the majority of transactions take place without problems, a few hundred robberies occur every year, many injuring innocent bank customers.
ATM Security Can Be Improved
We expect not to be harmed when we do business on a vendor’s property, and the law upholds this expectation with a legal duty of care owed by property owners and managers.
Taking steps to prevent foreseeable harm, such as an assault in the course of a robbery, is how property owners maintain the right to do business in a public place.
Some of the responsible parties are more diligent or effective in their duties than others.
Premises Liability Laws
Federal regulations address asset security of financial institutions, but not customer security. Evolving Massachusetts premises liability laws determines how far a bank’s responsibility to its customers’ personal safety goes.
For instance, currently most states have minimum security requirements such as ATM site lighting and landscape maintenance for visibility.
Some states place additional strictures on bank versus non-bank ATMs, such as the need for a vestibule with locking doors, card-operated locks, security cameras or area microphones. But even with extensive security measures, there are still circumstances that make a bank liable for victims’ damages.
Why ATM Security May Not Be a Bank’s Top Priority
Of the 12 billion annual automated teller transactions, only a tiny percentage involve violent crimes. Of that number, only a fraction are found to be the fault of negligent security practices or maintenance by banks. This may be reassuring to customers who have never had a problem during a transaction, but to a robbery or personal assault victim, probability statistics are irrelevant.
Once the crime happens, 100% of the physical and mental consequences belong to the victim.
Victims of ATM crimes should consult with a personal injury attorney that specializes in premises liability.
It is crucial that the lawyer has handled these types of cases in the past and has the track record to prove it.
Continue to What Banks Are Doing about ATM Security (Part B) >>
