New York City ATM Robbery Injury Lawyer
ATM robberies happen fast. Someone approaches, demands your money, and in a matter of seconds, you may be shoved, struck, stabbed, or shot. What follows is often a disorienting mix of physical pain, shock, and the slow realization that someone allowed this to happen to you. Banks, property owners, parking lot operators, and building managers have obligations under New York law to provide reasonable security in and around ATM locations. When they cut corners on lighting, cameras, security personnel, or access controls, and someone gets hurt as a result, that is not just a crime. It is a civil liability. A New York City ATM robbery injury lawyer can help you understand who is accountable and pursue compensation that reflects what you have actually lost.
New York City has thousands of ATM locations spread across bank lobbies, convenience stores, bodegas, parking garages, transit stations, and standalone kiosks. Not all of these locations are maintained with equal care. Some are tucked into poorly lit alcoves. Others lack working cameras. Some are in areas with documented crime histories that property owners have chosen to ignore. When a robbery occurs and you are physically harmed, the question is not only who committed the crime, but whether a property owner or business operator failed to take steps that a reasonable person would have taken to prevent it.
Physical injuries from ATM robberies range from cuts, bruises, and broken bones to gunshot wounds, traumatic brain injuries, and long-term psychological trauma. The criminal case against the perpetrator, if they are caught at all, does not put money in your pocket for medical bills, missed work, or what you go through every time you walk near an ATM. A civil claim does. That path starts with understanding the legal theory that applies to your situation and acting before New York’s statute of limitations closes the door.
How Cohan Law Firm Approaches ATM Robbery Injury Claims
Cohan Law Firm has recovered over $100 million for accident and injury victims across New York City. That track record was built on cases where someone else’s negligence caused real harm, and negligent security cases fit squarely within that framework. Our attorneys come from large firm backgrounds and are supported by experienced staff and medical professionals who help document injuries from day one. Several of our attorneys are members of the Multi-Million Dollar Advocates Forum, a distinction limited to trial lawyers who have secured verdicts or settlements exceeding $1 million. We have earned more than 550 five-star reviews from clients who consistently describe our team as responsive, organized, and genuinely invested in their cases.
What makes an ATM injury claim different from a straightforward accident case is the need to establish that a property owner knew or should have known that a dangerous condition existed and failed to address it. That requires evidence work: pulling security footage before it is overwritten, obtaining incident reports from prior crimes at or near the same location, examining lighting conditions, reviewing maintenance records, and in some cases retaining security experts. Our team knows how to move quickly to preserve that evidence, and we use AI-powered legal technology to analyze large volumes of documentation faster and more thoroughly than traditional review methods allow. When we sit across from an insurance carrier or a property owner’s legal team, we bring a case built on facts, not assertions.
Where ATM Robbery Injuries Most Often Occur in NYC
- Standalone ATM kiosks on commercial corridors: Freestanding ATM machines located on sidewalks or in retail vestibules along busy streets in neighborhoods like Fordham Road, Jamaica Avenue, and Flatbush Avenue frequently lack adequate lighting or active camera monitoring, creating conditions that attract opportunistic crime.
- Bank ATM vestibules after hours: Many bank branches in Manhattan, Brooklyn, and Queens provide 24-hour ATM access through a locked vestibule. When door locks malfunction, security cameras go unmonitored, or the bank fails to respond to prior incidents, assailants gain easy access to isolated victims.
- Parking garage and parking lot ATMs: ATM locations inside or adjacent to parking garages, including those near major venues and transit hubs, are particularly dangerous after dark when foot traffic is low and sight lines are obstructed by parked vehicles or structural columns.
- Bodega and convenience store ATMs: Third-party ATM machines installed inside or just outside small retail stores throughout the Bronx, Brooklyn, and Queens are sometimes placed with no consideration for patron safety, in locations with no security staff and poor visibility from inside the store.
- Subway station ATMs: ATMs located in New York City Transit subway stations raise questions about MTA’s duty to maintain safe environments for passengers. Incidents near turnstile areas or on mezzanine levels involve institutional negligence with its own procedural requirements and notice rules.
- Hotel and casino lobby ATMs: High-traffic destinations in Midtown Manhattan and other tourist-heavy areas attract theft. When hotels fail to deploy adequate security staff or maintain functioning surveillance systems, guests who are robbed and injured at or near ATM locations may have claims against the property.
What to Do After an ATM Robbery Injury in New York City
Your first priority is medical care. If you were physically injured, go to the emergency room or urgent care immediately, even if you think your injuries are minor. Adrenaline masks pain, and conditions like concussions, internal bleeding, and stress-induced cardiac events can present hours after the incident. Getting care documented the same day is also critical for a civil claim. Emergency rooms at Bellevue Hospital, New York-Presbyterian, and Kings County Hospital are equipped to treat acute trauma. Make sure every injury, physical and psychological, is documented in your medical record.
Call the police if you have not already. The NYPD will respond and create an incident report. Get the report number. Ask which precinct is handling the investigation. That report will be a foundational document in any civil case. Do not assume that because a criminal investigation is underway, someone is automatically working to protect your civil interests. They are not.
Before you leave the scene or shortly after, document the physical environment if you are physically able to do so safely. Take photographs of the ATM location, the lighting conditions, any visible cameras, the surrounding area, and any obvious hazards or obstructions. This evidence is time-sensitive. Lighting conditions change. Cameras get replaced or repositioned. Property owners sometimes make improvements precisely because they know an incident occurred and want to obscure prior deficiencies.
New York City has notice requirements that can affect claims against certain defendants. If your injury occurred on property owned or managed by a government entity, including MTA or New York City itself, you may be required to file a Notice of Claim within 90 days of the incident. Missing that deadline can permanently bar your recovery against those defendants. For private property owners, the general statute of limitations for personal injury in New York is three years from the date of injury, but that window should not be treated as a reason to wait. Evidence disappears. Witnesses become unavailable. Security footage is routinely overwritten after 30 to 60 days.
A common mistake people make is assuming the criminal case will lead to compensation. It will not, at least not automatically or quickly. Restitution orders in criminal cases are often uncollected, delayed, or far below the actual costs of an injury. The civil case is a separate proceeding, one that targets the parties with real assets and insurance policies. That is where meaningful recovery happens.
Understanding the Legal Theory Behind Negligent Security Claims
When a property owner is sued after an ATM robbery injury, the legal theory at the center of the case is typically premises liability rooted in negligent security. Under New York law, property owners owe visitors a duty of reasonable care. In the context of security, that means taking steps proportional to the foreseeable risk of harm on the property. Foreseeability is the key word. It does not require that the exact attack was predictable. What matters is whether the property owner had reason to know that crime was a possibility in that location, given the history of incidents, the nature of the neighborhood, the time of day the machine was accessible, and the presence or absence of security measures.
Evidence of prior similar crimes at or near the same ATM location is often the most powerful way to establish foreseeability. NYPD CompStat data, 911 call logs, prior police reports filed by the property owner, and even internal incident records held by the bank or property manager can establish what the owner knew and when. Property owners sometimes argue that the criminal act of the robber was an unforeseeable intervening cause that breaks the chain of liability. New York courts have consistently recognized that when a property owner’s negligence creates or sustains the conditions for crime, the criminal act of a third party does not automatically insulate the owner from liability.
Multiple defendants may share responsibility. The bank that owns the ATM, the property owner where the ATM is located, the company contracted to maintain the ATM, and even a security firm retained to patrol the area may all carry some portion of liability. New York follows comparative fault principles, meaning damages are apportioned among responsible parties. Your recovery is not necessarily eliminated if you are found to bear some small portion of responsibility for what happened. But establishing the defendants’ respective roles requires the kind of investigation that should begin as soon as possible.
Questions People Ask About ATM Robbery Injury Cases in NYC
Can I sue the bank whose ATM I was robbed at?
Yes, potentially. Banks that own and operate ATM machines have a duty to maintain those machines and the immediate surroundings in a reasonably safe condition. If the bank knew or should have known about a history of crime at or near that location and failed to implement reasonable security measures, that failure can support a negligence claim. The analysis depends on the specific facts, including what security existed, what prior incidents had occurred, and whether the bank responded appropriately to any known risks.
What if the ATM was inside a store or business, not a bank?
The property owner and the business operator where the ATM is located may both be liable, depending on their respective roles and any agreements governing who is responsible for safety and maintenance at that location. Third-party ATM operators who place machines inside retail businesses sometimes contractually allocate responsibility for the surrounding environment. An attorney reviewing your case will examine those arrangements as part of identifying the correct defendants.
What kinds of injuries qualify for a civil claim?
Any physical injury sustained during an ATM robbery can form the basis of a civil claim, including cuts, fractures, head injuries, stab wounds, gunshot wounds, and injuries from being pushed or thrown to the ground. Psychological injuries, including post-traumatic stress, anxiety, depression, and the inability to use ATMs or navigate public spaces without fear, are also compensable damages in New York. These non-physical harms are real and often long-lasting, and they belong in your claim.
Does it matter if the person who robbed me was caught or convicted?
No. A civil negligent security claim is against the property owner or other responsible parties, not the robber. You do not need a criminal conviction, or even an arrest, to pursue a civil case. The identity of the perpetrator is largely irrelevant to the negligence theory. What matters is whether the property owner failed to maintain a reasonably safe environment. The criminal case and the civil case run on separate tracks.
What compensation can I actually recover?
Recoverable damages can include emergency medical treatment, ongoing care, physical therapy, mental health counseling, lost wages if your injuries kept you out of work, reduced earning capacity if you sustained a permanent injury, and compensation for pain, suffering, and emotional trauma. In cases where a property owner’s conduct was particularly reckless, additional damages may be available. The value of your claim depends heavily on the severity of your injuries, your medical documentation, and the strength of the evidence showing the defendant’s negligence.
How quickly does security footage get deleted at ATM locations in New York?
Retention periods vary by location and operator. Many banks and property owners overwrite footage on a 30-day cycle, though some delete it sooner. Third-party ATM operators may have even shorter retention windows. This is one of the most time-sensitive aspects of an ATM robbery case. An attorney can send a litigation hold letter demanding preservation of footage as soon as a claim is anticipated, which creates legal consequences if the footage is then destroyed. The longer you wait, the more likely this evidence is gone permanently.
Does New York’s no-fault insurance system apply to ATM robbery injuries?
No. New York’s no-fault system applies to injuries sustained in motor vehicle accidents. An ATM robbery injury claim is a premises liability and negligent security case. It is governed by different legal rules and proceeds against different types of defendants. There is no no-fault coverage to claim here. Your recovery comes through a civil lawsuit against the responsible property owners or entities.
What if the ATM was located in or near an NYC subway station?
If the ATM is within a New York City Transit subway station or on MTA-controlled property, the claim may involve a government entity. That triggers specific procedural requirements, including the requirement to file a Notice of Claim with the MTA within 90 days of the injury. Failing to meet that deadline can bar your claim against the MTA entirely, regardless of how strong the underlying negligence case might be. This is not a deadline to test or approximate. If there is any possibility a government entity is involved, contact an attorney immediately.
Can I still recover if I was partially responsible, for example, if I used an ATM in a location I knew was dangerous?
New York applies a pure comparative fault rule. That means your damages are reduced in proportion to your share of responsibility, but you are not automatically barred from recovering anything. Even if a jury determined that you bore some percentage of responsibility for your own injury, you can still recover the remaining percentage from the negligent property owner. The question of whether a victim’s awareness of general neighborhood conditions constitutes contributory fault is fact-specific and is one of the arguments defense attorneys frequently raise. It is not a guaranteed bar to recovery.
How long does a negligent security lawsuit typically take to resolve in New York?
Cases vary significantly depending on the number of defendants, the complexity of the investigation, and whether the matter settles before trial. Straightforward cases against a single insured property owner may resolve within one to two years. Cases involving multiple defendants, government entities, or disputes over the extent of injury can take longer. New York courts, including the Supreme Court of New York where most personal injury cases are filed, have active dockets. An attorney who moves quickly to build the evidentiary record often has more leverage in pre-trial negotiations and can help avoid unnecessary delays.
Representing ATM Robbery Injury Victims Across New York City
Cohan Law Firm represents clients who were injured at or near ATM locations throughout the five boroughs and surrounding areas. In Manhattan, we handle claims arising from incidents in Midtown, the Financial District, Washington Heights, Harlem, the Upper West Side, the Upper East Side, and Lower Manhattan. In Brooklyn, we serve clients from Flatbush, Brownsville, Bushwick, Crown Heights, Bay Ridge, Sunset Park, Bed-Stuy, and East New York. Across the Bronx, we represent injury victims from the South Bronx, Fordham, Mott Haven, Morrisania, and Co-op City. In Queens, our clients come from Jamaica, Flushing, Corona, Jackson Heights, Astoria, Richmond Hill, and Far Rockaway. We also serve Staten Island communities including St. George, Stapleton, and New Springville. Beyond the five boroughs, we represent clients from Long Island communities and other areas surrounding New York City.
Wherever the incident occurred, the legal obligation of property owners to maintain reasonably safe environments applies. Distance from Midtown does not reduce an owner’s duty of care, and neighborhoods with higher crime rates sometimes create stronger foreseeability arguments rather than weaker ones. We handle cases throughout the entire New York City metropolitan area and are built to work with clients remotely. You can hire us, review documents, and move your case forward without leaving your home.
Talk to a New York City ATM Robbery Attorney About Your Options
Recovering from a robbery involves more than healing physically. The financial pressure of medical bills, the emotional weight of what happened, and the uncertainty of what comes next are real burdens, and they should not fall entirely on you when someone else’s negligence made you a target. A New York City ATM robbery attorney at Cohan Law Firm can review your situation, explain what legal options exist, and give you an honest picture of what a case might look like. Our consultations are free and confidential, and because we work on a contingency basis, you pay nothing unless we recover for you. Contact our team to schedule your free consultation and start getting the answers you need.