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Were you mugged while getting money out of an ATM?

Imagine the following scenario: It’s late at night and you’re driving through downtown Atlanta. You need to buy a few things before heading home, but you realize you don’t have any cash. The cash machines are dark and the parking lots are empty, but you decide to take the risk and pull out a couple hundred dollars from an ATM that you pass.

Unbeknownst to you, a man was lurking in the bushes not far from the ATM. Just as you’re pulling out the money, he assaults you. You got beat up and bruised pretty badly, and the man forced you to take out another three hundred dollars and give it to him.

You might have thought something like this would ever happen to you in Atlanta, which can seems safer than it actually is at times. However, these kinds of things happen fairly regularly.

Is the bank liable for your damages?

As far as the damages you’ve suffered, you’re out $500 and you had to pay for expensive emergency medical care at a nearby hospital. You’re probably wondering how you’re going to afford it all.

In recent years, victims of robberies at ATM machines have been attempting to hold banks financially accountable for their injuries and damages. Although courts traditionally refused to hold banks liable in such cases, courts are beginning to take notice to security issues at ATMs.

In this respect, a court might consider your damage claims against a bank that was negligent in its duty to offer security and protection at its ATM locations — especially at ATMs that pose a security threat. At-risk might include those located in dangerous parts of town, or ATMs that have a history of past robberies for example.

No personal injury case is cut and dry

As with all premises liability claims in Georgia, no two cases are ever the same. Each premises liability incident related to inadequate security must be evaluated on its individual merits to determine whether it constitutes a legally viable claim for damages.


Thu Jul 13, 9:11pm

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