ATM Machine Accident Lawsuit Attorney
Before the invention of ATMs, people had to see a bank teller in order to withdraw money, or have a ready supply of cash in their homes at all times. So it’s a great convenience to be able to pull out cash from an ATM machine anytime you want. However, these machines can be the source of dangerous accidents, including criminal activity like muggings and physical assault.
The majority of these accidents are preventable by the bank or business that owns the ATM. Regular inspections, maintenance, and adequate security are all reasonable actions that can be taken to protect an ATM user. When a business fails to take such measures and someone is harmed as a result, they may be sued by the victim for monetary damages.
Have you or someone you know been injured in an accident while using an ATM machine? If so, please keep reading to learn about your rights and legal options. Keep in mind, however, that we can only provide general information that may or may not apply to your case. To discuss the issues that are unique to your accident, please give us a call at our law firm.
The Dangers of Using an ATM Machine
ATM machines are located at many places besides banks, including grocery stores, gas stations, and shopping malls. We never go to these places thinking that we’ll be harmed or attacked. But we know these incidents happen when ATM machines are not properly maintained or monitored. Robberies, for example, are a common occurrence at ATMs late at night or in the early hours of the morning. People can also be harmed through slip and fall or trip and fall accidents due to hazardous conditions around the machine.
It is the bank or business owner’s legal duty to ensure the safety of their premises. This includes taking reasonable measures to prevent injuries to customers while they’re using an ATM machine. So, what happens if the business is negligent in their duty of care to an ATM user? What kind of accidents can occur at an unsafe ATM location?
Common Accidents at an ATM Machine
Using an ATM machine can put you at risk of several accidents, which are explained below:
Slip and fall
Just walking up to an ATM can pose a risk of injury if there are hazards in the way. Property owners must regularly inspect their property and clear away or remove anything that can cause people to slip and fall. Fall-related accidents involving ATMs are very common at places like supermarkets, convenience stores, and gas stations.
Trip and fall
Like slip and falls, these accidents often result from hazards that are not taken care of by the bank or business owner. These hazards include pallets, store displays, and garbage left behind by a previous customer. ATM locations should also be checked for things like torn carpeting and exposed wiring, which are two of the biggest causes for trip and fall accidents.
Assault and battery
Situations that involve money are always attractive to criminals, which is why adequate security measures for an ATM are so important. A business cannot be expected to prevent all incidents of muggings, robbery, and physical altercations on their property. But they should provide reasonable security features that can help deter criminals and keep customers safe.
If you are in need of advice from a trip and fall or slip and fall at ATM machine lawyer, don’t hesitate to contact our office. We also have attorneys who can assist you if you were the victim of assault and battery at an ATM location. In this situation, you can pursue criminal charges while suing for compensation at the same time. One of our lawyers can go over these options with you and help you decide on the best course of action for your case.
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ATM Machine Accident Injuries
Any one of the accidents mentioned above can lead to serious, life-altering injuries. Here are just some of the injuries that you can sustain from a slip and fall, trip and fall, or assault and battery incident at an ATM:
- Broken nose
- Eye injury
- Deep lacerations
- Skull fracture
- Traumatic brain injury
- Dislocated shoulder
- Knee injury
- Whiplash
- Spinal cord damage
- Hip fracture
- Sprained / fractured ankle
- Hand / wrist fracture
- Permanent scarring / disfigurement
- Nerve damage
- Paralysis
Sadly, fatality is a very real possibility in these accidents depending on the severity of one’s injuries. An assault and battery at an ATM machine often involves weapons like guns and knives, which can easily take someone’s life. But the complications from a slip and fall or trip and fall can also be deadly, especially among the elderly. If you’ve lost a family member or loved one to an ATM machine accident, you may be entitled to compensation from a wrongful death lawsuit.
No matter what type of accident you were involved in at an ATM, make sure to seek legal advice from an experienced premises liability lawyer. The attorneys of Lone Star can help you understand your rights and fight for the compensation you deserve.
Who is Responsible for my ATM Accident?
It is the bank or business owner’s responsibility to ensure the safety of their premises, which includes ATM machines that are on the property. An owner’s duty of care includes the removal or repair of any hazards that can lead to an accident. Additionally, ATM owners must be proactive in reducing the risk of criminal activity, which is commonly associated with these machines. They can do this by taking reasonable security measures, such as:
- Installing security cameras
- Installing bright outdoor lights above / around the ATM machine
- Removing objects that assailants can hide behind (bushes, trees, large garbage cans)
- Putting up signs to warn people of the dangers of ATM usage during certain hours
- Removing / relocating ATMs after repeated cases of assault and battery.
In truth, it’s very challenging to prove bank liability for ATM machine trip and fall, slip and fall, and assault and battery incidents. And you can be pretty much count of the bank denying that they were negligent in any way, which you would need to prove in order to succeed in a lawsuit.
Our lawyers can investigate your case and gather the necessary evidence to show how the bank failed in their duty of care to you. To get started on an injury claim for an ATM machine accident, contact our law firm as soon as you can.
Can I Sue if I was Injured while Using an ATM Machine?
Yes, you can sue the bank or business owner for an ATM machine accident if your injuries were caused by an act of negligence. Simply put, negligence is the failure to take reasonable measures in order to prevent an accident. The key word here is “reasonable,” meaning that such measures shouldn’t cost the business an exorbitant amount of resources.
As an example, hiring a security guard to monitor the machine 24/7 is not reasonable for most business owners. On the other hand, it’s reasonable to install security cameras and signs to warn customers of the dangers associated with nighttime usage of ATMs.
This is a simplistic example, and your own case may be more complicated. That’s why it’s essential to consult an experienced attorney, who can figure out the exact cause of your accident and what the business could have done to prevent your injuries. For more information about your rights as an ATM accident victim, please reach out to us at your earliest convenience.
Monetary Damages from an ATM Accident Lawsuit
In a lawsuit for injuries from an ATM machine accident, there are various damages you may qualify to receive. Damages we typically ask for on behalf of our clients include:
- Medical expenses
- Rehabilitative services (physical therapy, counseling)
- Lost wages / lost earning capacity
- Pain and suffering
- Property damage
- Legal fees
- Punitive damages
If you lost a family member or loved one to an accident at an ATM machine, you may have grounds for a wrongful death lawsuit, which can help you recover:
- Funeral expenses
- Medical bills up until the date of death
- Loss of expected savings / benefits
- Pain and suffering
- Loss of consortium
- Legal fees
There may be other damages you can ask for depending on the details of your accident. Our lawyers have been handling these cases for many years, and you can be confident in their ability to recover a fair settlement.
Schedule a Free Consultation
If you’ve been injured in the course of using an ATM machine, our lawyers can help you achieve justice in a lawsuit for monetary compensation. However, we know that fiancés are a big worry during this time, which is why we’re happy to offer you a Zero fee guarantee. There is nothing for you to pay upfront when you retain one of our attorneys. In fact, all our fees are deferred until the end of your case, meaning we only get if you get paid. If we don’t win your case, we eat the costs and you walk away without having spent a penny.
As you can see, there’s absolutely no risk in giving us a call and learning about the legal options that are available to you. The attorneys of Lone Star are standing by to assist you, so give us a call and schedule a free case review.