Attacked or Assaulted at a Bank ATM? File a Negligent Security Lawsuit
Were you assaulted or attacked at a bank ATM in Florida? You may be able to hold the bank owner or manager responsible for the damages you incurred as a result of the attack if you can prove that they provided negligent security.
What is negligent security? What security measures should ATMs have in place? How can you prove negligent security? And what can you expect during a negligent security lawsuit?
Courtesy of the expert Florida Crime Victim Lawyers at SteinLaw, here’s what you need to know about filing a negligent security lawsuit after being attacked or assaulted at an ATM.
Negligent ATM Security
Banks know that ATMs are common targets of crime, so they must provide adequate security at and around the machines to keep their customers safe.
Here are some examples of negligent ATM security that could help you get compensation after your assault or attack.
Lack of Cameras
Most modern ATMs have at least one camera inside the machine pointing out. However, that may not be enough to deter crime. ATMs should have multiple cameras pointing at the machine and the surrounding area.
Cameras not only capture evidence of crimes, but they may deter crimes, too. Would-be robbers and other criminals will likely choose ATMs with fewer cameras to commit their crimes.
Inadequate Lighting
ATM assaults and attacks are more likely to happen at night, especially if there isn’t much lighting around the ATM. Broken, missing, or poor lighting around the ATM may encourage criminals to choose that location to attack people since they can more easily hide in the shadows.
ATM Location
Ideally, the ATM should be in a flat building front as close to the bank as possible. ATMs at the corner of the building or on an island away from the building provide easier targets for criminals. ATMs also should not have plants, pillars, shrubbery, or other large items nearby that criminals could hide behind.
Lack of Mirrors
You shouldn’t have to constantly look over your shoulder while withdrawing cash from an ATM. ATMs should have mirrors that help you see what’s happening behind you since your attention is on the machine while you insert your card and PIN and wait for your cash and receipt.
Can I File a Negligent Security Lawsuit if I Was Attacked at an ATM?
If you can prove that the bank didn’t do enough to protect you while using the ATM, you may be able to file a negligent security lawsuit against them to recover damages that resulted from your attack.
What Is Negligent Security?
Negligent security means a property owner failed to uphold a proper duty of care, and that failure resulted in an assault, attack, or other crime that may have been prevented with proper and reasonable security measures.
Who Can I Sue if I Was Assaulted at an ATM?
Even if the police catch the person who assaulted you and prosecute them for the crime, suing them likely won’t be fruitful. Criminals aren’t known for having vast amounts of money saved up or insurance policies that can pay out when they hurt somebody.
Instead, you may be able to sue the bank owner or manager for failing to provide enough security at the ATM. Businesses, such as banks, bars, retail stores, and gas stations, carry insurance policies that can pay to cover damages resulting from the business’s negligent security.
Proving Negligent Security in Florida
To prove that an ATM owner provided negligent security, you must be able to prove these four things:
- The ATM owner owed you a duty of care. This one is easy to prove. As a customer of the bank, they are responsible for keeping you safe on their property.
- They breached this duty of care. You and your lawyer must be able to prove that the bank owner should have seen the potential for an assault to occur and should have done more to secure the ATM.
- The breach resulted in your attack and injuries. Could your attack have been prevented if the ATM owner had provided better security measures?
- You suffered damages. You must be able to prove that you suffered financial or physical damages as a result of the attack.
What to Expect During an ATM Assault Lawsuit
If you decide to pursue a negligent security lawsuit after your ATM attack, here’s a peek at the process so you have an idea of what to expect.
Investigation
Your personal injury lawyer will get a crime grid of the area around the ATM, get a copy of the police report, determine if other crimes have been committed at the same ATM, and hire relevant experts to determine whether the bank owner or manager should have foreseen that an attack could happen at the ATM.
Lawsuit
If your lawyer finds enough evidence to show that the ATM owner provided negligent security, they will contact them to get their liability insurance information and tell you about the insurance policy limits. If you can’t reach a settlement with the bank and their insurance company, your lawyer will file a negligent security lawsuit and put the case into litigation.
Settlement or Jury Verdict
Before going to trial, your case will likely go to mediation, where the ATM owner’s insurance company will likely offer you money. If you and your lawyer decide not to accept the settlement, the case will go to court and a jury will determine whether you are entitled to compensation and how much you should get.
Compensation for ATM Crime Victims
If you or a loved one were a victim of a crime at an ATM, you may be eligible to receive compensation for criminal wrongs due to negligent security. At SteinLaw, our Crime Victim Lawyers will fight to get you and your family the maximum compensation you deserve!
Damages May Include:
- Medical bills
- Property damage
- Pain and suffering
- Emotional suffering
- Disability
- Lost income
- And more!
Contact SteinLaw Injury Lawyers for a Free Case Evaluation
If you were assaulted or attacked at a bank ATM, you need an experienced crime victim right’s lawyer by your side to prove that the bank provided negligent security. To determine whether you have a case, schedule a free consultation today at one of our 6 Florida locations by clicking here or calling 877-STEINLAW.
If we think you have a case, you don’t pay anything unless we get you the compensation you deserve for your injuries, loss of income, and pain and suffering after your attack at an ATM.
