Massachusetts Personal Injury Library
Premises Liability and Violent Crimes at ATMs (Part B)
Damages in Massachusetts premises liability cases may be sought for past and future:
- Medical treatment
- Home care
- Mental or physical therapy
- Transportation to and from medical visits
- Wages lost due to disability
- Mental anguish
- Physical suffering
How ATM Premises Liability Is Determined
Just because your injuries were sustained at an ATM site doesn’t mean the bank or other entity is financially responsible. In fact, not so long ago, the law favored ATM managers in such circumstances. But as the case law on negligent security has evolved over the years, a general precedent has been set.
Premises liability law holds property owners responsible for the security of business customers on their estates-to a point.
Laws vary by state, but most courts nationwide have accepted the theory that foreseeable crimes must be prevented by the property owner. Because ATM crimes must be reported to law enforcement in most jurisdictions, previous assaults or robberies indicate foreseeable future risks. If a bank owner knew of past “hits” at certain ATMs and did nothing to improve security, then the owner may well be liable for the next victim’s damages.
Some states, such as Massachusetts, divide security responsibilities into two types:
- bank, and
- non-bank ATM owner/operators.
The wisdom is that banks inherently choose high-security measures and that ATMs located outside of banks are more in need of additional security precautions.
If a property owner did not provide adequate or properly maintained lighting, unobstructed visibility or other proactive measures, liability may be proven.
To learn how to pursue compensation for injuries you suffered from an ATM crime in Massachusetts, contact an attorney in your area. Your case may be the one that more fully defines premises liability state law, improving the chances for compensation for other victims of violent crimes at ATMs.
To find out what your case may be worth, call the Million Dollar Man, Tom Kiley for a FREE Consultation at 1-888-208-1695.
