Reviewed by Laurence P. Banville, Esq.Who you can actually sue
An ATM is property, not a defendant. The potential defendant is the person or company responsible for the place where the ATM sits and for keeping it reasonably safe. Depending on the facts, that may be:
- The bank or financial institution that owns or operates the ATM vestibule.
- The property owner or landlord of the building, parking lot, or strip mall where the ATM is located.
- A tenant business (such as a convenience store) that installed and controls the ATM.
- A security or management company hired to monitor or protect the premises.
The person who attacked you is also directly responsible, but in many cases the assailant is never caught or has no way to pay a judgment. A negligent security claim lets you pursue the party that controlled the premises.
What you have to prove
New York property owners owe visitors a duty of reasonable care, which can include reasonable security measures. To hold an owner liable for a third-party assault, you generally need to show:
- Foreseeability — the owner knew or should have known that criminal attacks were a real risk, often shown by prior crimes at or near the location.
- Unreasonable security — the owner failed to take reasonable precautions, such as working locks on a vestibule, adequate lighting, functioning cameras, or security personnel.
- Causation — that failure was a substantial factor in allowing the assault to occur.
Foreseeability is usually the battleground. Evidence like police reports of earlier robberies in the same vestibule or a broken card-access door can make or break the case.
How New York deadlines work
Most personal injury claims from an assault must be filed within three years of the incident under CPLR §214. If the ATM is owned or operated by a public entity, a much shorter Notice of Claim deadline of 90 days may apply under GML §50-e, so timing matters. If a loved one died from the attack, a separate wrongful death deadline of two years applies under EPTL §5-4.1.
What a claim might be worth
There is no set figure, and any honest answer depends on the facts. Value is driven by the severity of your injuries, medical costs, lost income, the strength of the foreseeability evidence, and how clearly the owner ignored a known danger. New York also follows comparative negligence under CPLR §1411, so your own conduct can be weighed. Prior results never guarantee future outcomes.
Where to learn more
ATM assaults are one slice of a broader area of law. To understand the full picture, start with the Negligent Security hub, then explore related scenarios such as grocery store, shopping mall, concert, and bar or nightclub security cases.
Frequently asked questions
Can I sue the ATM machine itself?
No. An ATM is property, not a person or company. Your claim, if any, would be against the bank, business, or property owner responsible for keeping the ATM location reasonably safe.
What is a negligent security claim?
It is a type of premises liability claim. It argues that a property owner failed to provide reasonable security against a foreseeable criminal attack, and that this failure helped allow you to be harmed.
How long do I have to file in New York?
Most assault-based injury claims must be filed within three years under CPLR 214. If a public entity is involved, a 90-day Notice of Claim deadline may apply under GML 50-e, so act quickly.
Does it matter if the attacker was never caught?
Often not for the premises claim. Even if the assailant is unknown, you may still pursue the property owner or operator whose lack of reasonable security helped enable the attack.
How much is an ATM assault case worth?
There is no fixed amount. Value depends on injury severity, medical bills, lost income, and the strength of the foreseeability evidence. Outcomes vary, and prior results never guarantee future ones.