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ATM Premises Liability Claims


2 minute read


In Florida, there are many underreported ATM crimes. ATMs tend to be the site of more violent crimes like batteries, robberies, assaults, and even aggravated crimes. This is typically because the victim is most often defenseless, and the ATM is negligently placed in a location where it may be an easy target for a criminal. Additionally, because you can withdraw funds at any time from an ATM, and because they are stationary, they are a main source and target for repeated crime. 

Under Florida law, statute §655.962 Provides that there is a minimum threshold for candlelight power that an ATM is required to have, specifically to prevent robberies from occurring at night. That minimum threshold is, “10 candlefoot power at the face of the automated teller machine and extending in an unobstructed direction outward 5 feet, and at least 2 candlefoot power within 50 feet in all unobstructed directions from the face of the automated teller machine.” (http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0600-0699/0655/Sections/0655.962.html)

This means that business owners and banks can be held liable if they place their ATM in a position or a location that would invite crime, without some form of protection or notification for the person making the withdrawal to be able to more clearly be aware of their surroundings due to lighting for the placement of the ATM itself. 

If you or a loved one has been injured at an ATM because of its poor placement, or if you have been subject to a crime such as robbery, battery, or an assault, please call us here at the Orlando Accident Attorney at 407-706-3909.