How Safe are ATMs and Night Depositories?

Written by Melvin L. Hewitt Jr. Wednesday, December 08 2010

Despite the growing number of attacks on ATM and night deposit customers, and the scope of violence and death that occurs as a result of attacks at ATMs, some banks have failed to enhance security measures. As a result of this non-response by some banks and financial institutions offering these nighttime banking services, lawsuits against them are on the rise. The lawyers involved in the cases hope that the litigation encourages banks to improve customer safety, especially in order to better protect women. With the holiday season upon us, women need to be especially alert to the dangers often lurking at these facilities. 

Sometimes banks go to extreme measures, even the posting of security guards, during banking hours when their money is subject to more exposure. The Bank Protection Act of 1968 needs revision to keep up with the changing times, but it does impose an obligation on banks and financial institutions to “adopt security programs to discourage robberies and to assist in the identification and prosecution of persons who commit such acts.”

Despite this obligation and the sometimes statutory and/or common law duty of banks and financial institutions to “keep their premises safe,” ATMs and night deposit boxes often are installed in dimly lit areas without video monitoring or in areas where the devices are surrounded by trees and bushes and cannot be seen from the street. While numerous types of panic alarms are available and relatively inexpensive to install, some banks shy away from installing these devices that can help protect ATM users.

During the holiday season, women should pay special attention to their surroundings when using these facilities. Violent crimes at ATMs and depositories occur most often at night. If at all possible, women should never go to an ATM or deposit box at night alone. If they must, they should stay alert and keep their cell phone at the ready. If they see or even feel something isn’t right, they should stay in their car and immediately call 911.

Lawsuits against banks and financial institutions are on the rise. Most cite negligence on the part of the bank for failing to provide a reasonable degree of protection to their customers. Security experts logically argue that the banks have extensive knowledge on the levels and types of crimes awaiting their customers using these facilities. Incredibly, however, industry associations lobby to discourage regulations requiring their members to provide additional security measures at ATM and night deposit areas.

The law in most states also makes prevailing against a bank for its negligent provision of security measures difficult at best. Despite these obstacles, a few attorneys have represented victims of ATM and night deposit crime.

In the event a crime of violence at an ATM or night deposit area, victims do have options despite the obstacles that often protect these institutions. Among those options is a civil suit against the banking institution for its failure to provide an adequate or reasonable response to dangerous conditions on the property. Lawyers who routinely handle these cases are committed not only to zealously representing their clients who have been injured or killed while using these facilities, but also to making these places safer during the holidays and beyond.

Melvin L. Hewitt Jr. is a partner in the Atlanta law firm Isenberg & Hewitt. He represents victims of serious assaults and batteries, sexual assault, child molestation, and families of murder victims. He can be reached at 770-351-4400 or online at www.isenberg-hewitt.com.