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Banks often have a duty to provide for the safety of their customers and to act reasonably. When someone is raped or robbed at an Automated Teller Machine (ATM), the bank may be liable for money damages for failing to prevent a crime which they knew or should have known could happen. If you or a loved one was raped at or near an ATM, call our office at 888-998-4284 for a free consultation.

Florida Statute section 655.962 requires certain safety features at ATMs, in part to deter criminals from preying on customers focused on withdrawing money or otherwise using the ATM. Here are some of the general requirements:
  • Banks must meet certain lighting thresholds around the ATM during hours of darkness
  • The parking area must have adequate lighting
  • The access area must have adequate lighting
  • Reflective mirrors must be placed on an ATM sufficient to allow the customer a rear view while using the ATM
  • Any landscaping, vegetation, or other physical obstructions in the area required to be lighted for any open and operating automated teller machine shall not exceed 3 feet
Banks may ignore the legal requirements for aesthetics because they would rather have the bank look nice than properly trim the landscaping. Poor lighting, overgrown trees and the general failure to properly maintain the ATM area and bank property could create a property favorable to sexual predators.

There are other laws which may provide additional liability against banks and owners of ATMs. The law also limits the time to bring a lawsuit against a bank or ATM operator. If you or a loved one was the victim of an ATM assault or rape, call us at 888-998-4284 or submit an inquiry online for a free consultation.

Cases are handled on a contingency fee, which means we waive all fees and costs if you don't recover money damages for what happened.

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