QUESTION

Do I have a personal injury case?

Asked on Dec 01st, 2012 on Personal Injury - Florida
More details to this question:
I was robbed at gunpoint by 3 males at my chase bank ATM, ambushed from a poorly lit, unsecured side of their bank building. 3 prior robberies occurred the same way. I broke my cheekbone in the attack, suffer nerve pain, headaches, nightmares, paranoia, ptsd. The bank accepts no responsibility for what happened. I think they were negligent and deserve compensation for my suffering.
Report Abuse

17 ANSWERS

Environmental Law Attorney serving Auburn, CA
1 Award
You may have a case.
Answered on Apr 11th, 2013 at 3:03 PM

Report Abuse
Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
Update Your Profile
I don't nearly have enough info to effectively evaluate your claim. I suggest you contact an attorney in your area.
Answered on Apr 11th, 2013 at 3:03 PM

Report Abuse
Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
Update Your Profile
These are tough cases. You need to get a free consultation from a personal injury attorney in your area. The time frame of the 3 prior robberies will be key in relation to your incident and whether you can prove the bank knew about them.
Answered on Apr 11th, 2013 at 3:00 PM

Report Abuse
Michael J. Breczinski
This question depends on the State where it happened. You should see a personal injury attorney.
Answered on Apr 11th, 2013 at 1:01 PM

Report Abuse
Yes you may have a premise liability case against the bank and or property owner. The law on criminal acts of others is very tough but if you can show similar incidents and show that the property owner did nothing you can prevail. I would suggest you consult with an attorney immediately in that there could be time periods as early as 6 months that you may have to act. Without more specific information there is no way as part of my reply to provide you with specific information
Answered on Dec 05th, 2012 at 4:48 AM

Report Abuse
Ronald A. Steinberg
Under Michigan law I don't think you would have a case against the bank because it is outside.
Answered on Dec 05th, 2012 at 4:47 AM

Report Abuse
You do have a case against the bank, and against the city, as well.
Answered on Dec 05th, 2012 at 4:47 AM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
You may. But you will have to prove the area was high crime area (if there were other cases, maybe) you will have to prove that they had a duty to provide security and did not or did not provide enough, and finally that this negligence was the cause of your injury. you may have to find a security expert to testify for you. none of those will be easy or cheap but it may fly. More work than most lawyers might want to take on a percentage maybe. Lot of risk that jury may not agree even if you put on a good case.
Answered on Dec 04th, 2012 at 5:15 PM

Report Abuse
Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
Update Your Profile
I guess the question is whether you can convince a jury that they were negligent. I doubt a jury would find that they have to post a guard there. Perhaps it could be better , but one could argue this did not cause the robbery. You should probably call lawyers until you find one interested in your case. I feel that many will say you have no case. You might find one who believes in the case.
Answered on Dec 04th, 2012 at 5:14 PM

Report Abuse
Daniel P. Mitchell
You may have a claim against the bank for negligent failure to provide adequate security, including adequate lighting, in the ATM area. You would be wise to consult an attorney, who will advise you of your rights against the ATM owner.
Answered on Dec 03rd, 2012 at 1:10 PM

Report Abuse
Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
Update Your Profile
You should consult with a plaintiff's personal injur or accident lawyer for specific legal advice and direction. Negligence has to be proved in order for the bank to be held liable for your injuries.
Answered on Dec 03rd, 2012 at 1:10 PM

Report Abuse
Answer: Maybe you do have a lawsuit, but that answer needs more investigation and a review of the other police reports. It's certainly worth having a lawyer look at it.
Answered on Dec 03rd, 2012 at 1:09 PM

Report Abuse
Personal Injury -- Plaintiff Attorney serving Cleveland, OH at Mishkind Law Firm, Co., L.P.A.
Update Your Profile
If there were 3 prior incidents and the bank was on notice of increased crime in the area and the area was not well lit, I think you may have a valid claim. The bank has a duty to provide you with a safe area to use their ATM and I am sure there are probably industry standards for what lighting should exist and the duty of a bank to its customers when it comes to the use of an ATM. They will defend on the basis that the criminal acts of a third party are not their responsibility but I would argue they knew and should have increased lighting or done something else to decrease the chances of you getting ambushed.
Answered on Dec 03rd, 2012 at 12:24 PM

Report Abuse
Personal Injury Attorney serving New York, NY at Rothstein Law PLLC
Update Your Profile
This is a case worth looking into. The bank generally only had to provide minimal security but may have needed to provide more given the prior robberies.
Answered on Dec 03rd, 2012 at 12:23 PM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
I have to give that a "definite maybe". Failure to provide adequate security cases are difficult to prove. But, since there are prior incidents, there is something to go on. You will need an expert witness.
Answered on Dec 03rd, 2012 at 12:23 PM

Report Abuse
Intellectual Property Attorney serving Long Beach, NY
2 Awards
It sounds like you might have a claim against the bank for inadequate security measures. You should consult with a personal injury lawyer who can investigate the case more.
Answered on Dec 03rd, 2012 at 12:18 PM

Report Abuse
Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
Update Your Profile
Some attorneys have mixed feelings about negligent security cases. A good friend of mine just got a $1.7 million verdict in a negligent security case, and other attorneys don't like them.
Answered on Dec 03rd, 2012 at 12:14 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters