A North Miami Beach man is grateful to be alive after he was assaulted at gun point at a bank ATM. While the man was able to avoid being physically harmed, this unfortunate story should remind businesses to provide an adequate amount of security for their guests, especially during the upcoming Memorial Day Weekend.
The man was robbed at gun point while making a deposit. As he was conducting his transaction, two men came up to him. One of them pointed a gun at the victim while the other man stole the victim's chain and rings.
Police were able to apprehend a suspect by showing surveillance videos to people who identified the suspect. The police then showed the victim a photo of the suspect in a line up. The victim was able to point out the suspect as the man who assaulted him.
While there is certainly nothing to demonstrate inadequate security in this case, it reminds us that landowners must provide adequate security to their guests. This bank should be commended for having cameras available. It certainly demonstrates that the bank sought to provide a safe environment for its guests. In addition, it helped catch the alleged perpetrator of this crime.
In essence, landowners have a duty to ensure that their guests are not harmed by the violent acts of a third party. Some of the things courts take into account when determining whether a landowner has provided sufficient security are prior criminal acts in the area. The presence of prior violent attacks close to a business certainly puts a landowner on notice that they must take extra safeguards to protect their guests.
Other things to take into consideration include whether doors or gates should be installed and if they exist whether they were locked at the time of the crime. Courts also take into account the installation of security cameras, the presence of security guards, the sufficiency of lighting, alarms on doors and the height of bushes and hedges. Business owners and operators need to be wary of these measures. Some of these businesses include hotels, bars, night clubs, strip clubs, schools, parking lots, office buildings and condo and apartment buildings.
At Alvarez & Barbara, LLP, we have successfully represented clients in inadequate security cases. If you or a loved one are the victim of a violent crime on the premises of business or business operator, feel free to contact us for a free consultation.
