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ARTICLE · 30 JANUARY 2017

Does a bank have a duty of care to its customers during a robbery?

The bank did not have a special relationship with a customer who enters its premises that gives rise to a duty of care.

AustraliaLitigation, Mediation & Arbitration

Imagine you are a bank customer caught up in a bank robbery. There you are minding your own business when a balaclava clad robber races into the bank waving a shotgun. He points the gun at you and threatens to shoot you unless the bank teller hands over money. A teller hands over money and crouches behind the desk.

You lie on the floor and plead with the robber to let you live. You tell him you have two kids at home. He doesn't react and just demands more money.

Another bank teller, who is on her first day in the job, activates the security screens that thump up, leaving you high and dry on the outside with the robber.

The frustrated robber screams "I f...ing warned you", fires the gun into the air and flees. You are left a shivering mess. You are diagnosed with post-traumatic stress disorder (PTSD) as a result of this terrifying experience.

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