Massachusetts Personal Injury Library
The Law on Security at ATMs (Part A)
Inadequate security at ATMs is an issue largely denied by the banking industry in the United States.
Hundreds of robberies occur each year, many resulting in serious personal injury or death. If your loved one was the victim of a violent crime while using or passing by an automated teller machine, negligent security on the part of several entities may be to blame.
Are Added Security Precautions Too Costly?
Banks or third parties provide ATMs as a convenience to customers, but they reap huge benefits from the machines themselves.
In addition to the set fees that may be charged by multiple parties, third parties such as convenience stores are enriched by cash machine use as well. Individuals who withdraw money from on-site machines spend an average of 25% more than those who don’t.
This quashes the argument that protection is too expensive.
While security measures may cost money, the profits gained more than make up for the investment. Monetary concerns should take a backseat to personal safety, especially when the business owners take no personal risks in earning their profits.
Duty of Care Is Heightened on ATM Premises
When cash machines first hit the banking scene 30 years ago, they weren’t seen as a liability issue in connection with personal injury or wrongful death. Violent crimes occurred before the popularity of ATMs arose, and the law made no special allowance above the owner’s normal duty of care to customers.
As time went by and victims began to use civil lawsuits to recoup expenses related to the crimes, legal perceptions changed-slightly. Automated teller machines had become known targets of robbers, heightening the duty of care for liability of the premises.
Case law argued that a business owner’s responsibility to provide a safe environment given foreseeable dangers must now include violent robberies as possible hazards to personal security.
This means that the success or failure of suing a bank or other ATM owner may hinge on what they knew of the site’s potential for criminal activity. Personal injury or wrongful death cases garnering millions in damage awards have proven that negligent security contributed to injuries, satisfying plaintiffs’ needs and setting legal precedent at the same time.
If you or your loved one has been injured in Massachusetts you should contact a Boston personal injury 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.
Don’t wait too long to contact an attorney – it may cost you your rightful compensation!!
Continue to The Law on Security at ATMs (Part B) >>
