Negligent / Inadequate ATM Security

ATM security

Automated Teller Machines (ATMs) are “crime magnets” and are too often the site of violent crimes including shooting and stabbings. Our Miami, Florida Inadequate ATM security lawyers represent crime victims and their families throughout the state of Florida in cases against the owners or operators of ATMs when they fail to make the ATM environment safe for guests or patrons.

Miami, Fl negligent security lawyers can file lawsuits against the owners of the land where ATMs are located and against the owner/operator of the ATM when the ATM environment creates an elevated risk of criminal attack.

ATMs are located on virtually every sidewalk and street corner in the United States. ATMs can be found outside banks, at gas stations, inside nightclubs, casinos, grocery stores, convenience stores, shopping malls and airports. ATMs allow people to withdraw cash virtually anywhere, anytime, 24 hours a day. In fact, ATMs are so popular that it is estimated that billions of dollars of transactions are conducted by ATM users every year. Unfortunately, the convenience of automatic teller machines also invites a high level of violent crime, making ATMs a target for criminal activity.

Inadequate ATM Security

Both banks and third party owners of ATMs have a duty to provide safe premises for customers. This duty includes a legal responsibility to protect patrons against the foreseeable criminal acts of third parties by providing adequate security. ATM owners who fail to provide adequate security invite violent crime including murder, shooting, stabbing, robbery, sexual assault, rape, assault and battery. In addition, both federal law and Florida regulations require ATM owners to implement certain minimum security standards to deter violent crime. These laws govern the location, lighting, security features and height and placement of shrubbery around ATMs.

If a violent crime resulting in personal injury or death occurs due to an ATM owner’s failure to implement adequate security, the victim can sue the ATM owner for damages arising out of the negligent security. If the ATM is located off premises, such as in a convenience store or mall, the victim may be able to sue both the third party ATM owner and the owner of the property where the ATM is located for negligent or inadequate security.

Examples of inadequate or negligent ATM security include: failure to provide security cameras, failure to provide adequate lighting, failure to provide security guards, and improper placement of shrubbery allowing potential robbers to hide undetected. Victims of ATM crimes may be entitled to receive substantial compensation for medical expenses, pain and suffering, lost income, psychological and emotional trauma and future medical and rehabilitative care.

Types of ATM Crime

ATM crimes occur both by electronic and physical means. Electronic crimes include: ATM card theft, ATM card skimming, card jamming, card swapping, theft of PIN numbers by shoulder-surfing, fraudulent use of ATM cards obtained through dummy ATMs that keep the ATM user’s card, theft by fraudulent electronic transactions and theft by electronic data interception. However, it is the potential for attracting violent crime that makes using an ATM so dangerous.

Adequate ATM Security

What is adequate security at an ATM depends on the history of violent crime on the premises and in the surrounding area but may include: providing a locking security vestibule, installation of working security cameras, use of heat sensors to detect people around the ATM who are out of view of security cameras, ensuring adequate lighting around the ATM and around building corners and alleyways adjacent to the ATM, installation of an emergency 9-1-1 button linked directly to police, installation of ATM mirrors, locating ATMs in areas with a high level of natural surveillance including heavy vehicle and pedestrian traffic and employing security guards. Sometimes the safest decision is the decision that a given location should not have an ATM installed at all because of the history of crime in the area.

Miami, Florida ATM Security Lawyers

If you or someone you know has been a victim of violent crime at or around an ATM, the negligent ATM security attorneys at Hannon Legal Group may be able to help. Our Miami, Florida negligent security lawyers have successfully litigated many cases where the failure of ATM owners to provide adequate security resulted in the death of patrons or left them with life-altering injuries. Contact a Miami, Fl. inadequate security lawyer at Hannon Legal Group for a free consultation about your legal rights or call (866) 835-6872 today to speak with an attorney about your potential case.