ATM Shootings: Premises Liability and Your Legal Rights

Is it possible to rob a bank without stepping inside the facility?

The answer is yes—if the bank owns one or more ATMs either on site or nearby at a retail outlet such as a gas station or grocery store. This is where premises liability law for ATM shootings becomes complex. Not every financial institution owns an ATM. Entrepreneurs across the United States invest in ATMs because of the relatively low overhead costs and the generous fees the entrepreneurs make off every transaction. However, owners of ATMs, whether they are banks or entrepreneurs, have to face a tough reality.

As many negligent security experts classify them, ATMs are considered “crime magnets” because of the ease of stealing sensitive financial information or following a more direct type of theft by robbing customers in broad daylight. Experts in the field of ATM crimes estimate that 80 percent of ATM crimes happen at just 15 percent of the machines operating in the United States.

Some robberies end up being ATM shootings when a criminal panics and injures an ATM customer by using some type of firearm. Anyone that falls victim to a violent crime that unfolds at an ATM might have a strong enough case to file a lawsuit against the owner of the ATM for negligent security. Like retail store owners and operators, the owners of ATMs have a duty of care to protect customers from ATM shootings. If you sustained one or more injuries as a result of a violent crime at an ATM, you should be proactive and contact a premises liability attorney to review your case.

As a form of personal injury law, premises liability concerns all cases in which a victim sustained injuries and/or suffered financial losses while on public or private property. At Morgan and Morgan, our team of premises liability lawyers handles all types of cases regarding the practice, from a slip and fall at a convenience store to ATM shootings located in banks and retail stores. Since we opened our first office in 1988, Morgan and Morgan has recovered more than $14 billion in monetary damages for personal injury cases, with a significant percentage of the compensation generated by premises liability lawsuits.

If you are a victim of one of the many ATM shootings that occur each year in the United States, schedule a free case evaluation with a premises liability attorney at Morgan and Morgan.

What Should ATM Owners Do to Protect Customers?

ATM owners have a duty of care to protect customers from falling victim to violent crimes such as ATM shootings. If an ATM owner violates the duty of care doctrine, and the result is a victim sustaining injuries that generate financial losses, then the victim might have a strong enough case to file a civil lawsuit that seeks monetary damages.

What should ATM owners do to avoid assuming legal liability for ATM shootings”

Provide Adequate Lighting

Criminals rely on the element of surprise when it comes to committing a violent crime. The most effective way to catch an ATM customer off guard is to find a machine that is located in a dimly lit area. Most banks that place ATMs outdoors typically provide sufficient illumination. However, some independent ATM owners cut financial corners by not replacing defective lights and/or failing to install a high-performance security lighting system.

Ensure Proper Function of Security Camera

After ATM shootings, law enforcement agencies depend on the security camera footage shot at the scene of the violent crimes. Virtually every ATM operates with a security camera embedded within the machine. The embedded security camera captures images of what is directly in front of the machine. This type of security camera catches both the victim and the perpetrator of the crime. Security cameras installed at other locations provide law enforcement agencies with images of motor vehicles and the license plates that are attached to them.

Hire Well-Trained Security Guards

One look at a security guard and a vast majority of criminals leave the scene of the potential crime in search of an easier target. Banks have security guards working while the facilities are open for business. Nonetheless, retaining one security guard to patrol the entire property overnight is a good idea to deter would-be criminals. Banks also must provide comprehensive training to ensure optimal security performance. This means training security guards to follow a daily routine that covers the entire property, including the location of the ATM machines.

Proper Placement

Placing an ATM machine at the side of a convenience store is a bad idea because criminals can detect the lack of security. The best location for ATMs is inside businesses. For example, a convenience store owner who takes over the operation of an ATM should place the machine inside the business to ensure constant monitoring. Proper placement also means avoiding high-crime areas, especially high-crime areas that experience a high rate of violent crimes such as robberies and ATM shootings.

How Should Victims React After ATM Shootings?

Victims of violent crimes like ATM shootings often feel severely traumatized to the point when it becomes difficult, if not impossible to make well-informed decisions. Nonetheless, by following the first step of how to handle the aftermath of a violent crime, victims should be able to complete the remaining steps in logical order.

Call 911

This should be a natural reaction that is ingrained in every one of us. All of our lives, we have been repeatedly told that when we are in danger, contacting 911 is the best strategy to get out of trouble. By calling 911, you not only activate law enforcement, but you also put the nearest emergency hospital on alert. The law enforcement agency that responds to the scene of the violent crime will conduct an extensive investigation that leads to the filing of a formal police report. Your premises liability attorney should receive a copy of the formal police report to determine how to proceed with your case.

Seek Medical Care

Getting emergency help after a violent crime triggers the emergency healthcare system to be ready for your arrival. An ambulance arrives at the same time or shortly after the team of law enforcement personnel arrives at the scene of the ATM shooting. Whether your injuries appear mild or severe, you should seek medical attention right after the commission of a violent crime. Receiving medical care produces the bills and records that you need to submit when filing a civil lawsuit that seeks monetary damages.

Meet With a Premises Liability Attorney

After receiving medical care, contact one of the state-licensed premises liability lawyers at Morgan and Morgan. You should not take any action, such as contacting your insurance company or filing a civil lawsuit, until you receive legal support from one of our highly-rated litigators. Along with a properly credentialed investigator, your attorney conducts an independent investigation that references the formal police report for photographs and a detailed description of what transpired before, during, and after the ATM shooting.
Your legal counselor relies heavily on the formal police report and also searches for additional physical evidence.

Start the Litigation Process

If the premises liability lawyer that you hire from Morgan and Morgan determines you have the overwhelming evidence you need to file a successful civil lawsuit, your legal counselor sends a carefully drafted demand letter to the attorney representing the defendant. The demand letter should include the date and time of the incident, as well as a detailed description of the circumstances surrounding the violent crime such as the weather and the location of the ATM. Your attorney presents the physical evidence that is associated with your case, as well as the value of the monetary damages you plan to seek. The other party’s lawyer needs to know how your lawyer calculated the value of monetary damages.

Attempt to Negotiate a Settlement

The primary goal of your premises liability attorney from Morgan and Morgan is to get you the compensation you deserve. Filing a civil lawsuit and then participating in a trial is not the only way to receive compensation for ATM shootings. Your attorney also can try to negotiate a settlement with the defendant’s legal representation. Although negotiations can occur at any point during the litigation process, they most often take place during the discovery phase. Discovery is the point of the litigation process when both parties share physical evidence and the statements made by witnesses.

Your lawyer presents a reasonable offer that the defendant’s attorney can either accept, reject, or send back with a counteroffer. If your lawyer does not accept the counteroffer, your legal counselor can either submit a second counteroffer or declare the negotiations over and then prepare for a trial.

What Is the Statute of Limitations for Filing an ATM Shootings Lawsuit?

As a type of personal injury law, premises liability cases follow the same deadlines established by each state for filing personal injury lawsuits. Each state possesses the legal power to set deadlines, with most states opting to establish the statute of limitations for filing a premises liability lawsuit between two and four years. A few states have set deadlines for filing premises liability lawsuits as high as six years and as low as one year. Even at one year, plaintiffs have more than enough time to organize and submit a persuasive civil lawsuit that seeks monetary damages.

Having more than enough time to file a premises liability lawsuit that seeks monetary damages does not mean you should get complacent. With medical expenses increasing rapidly to treat and rehabilitate the wounds sustained by gunfire, you should act with a sense of urgency when filing a civil lawsuit. Your premises liability attorney from Morgan and Morgan also wants to move quickly to ensure witnesses provide the most accurate accounts of what happened at the ATM. Witnesses tend to provide more accurate information when an attorney interviews them right after an incident.

If you fail to file a civil lawsuit before the expiration of the statute of limitations, you can expect the court clerk processing your lawsuit to dismiss it.

Contact Morgan and Morgan

ATM shootings leave victims feeling traumatized. In addition to recovering from the injuries sustained from gunshots, a victim also has to contend with strong, negative emotions, such as the emotions that are triggered by Post-Traumatic Stress Disorder (PTSD).

Get help after an ATM shooting by scheduling a free case evaluation with one of the experienced premises liability attorneys at Morgan and Morgan.