Bank card got stuck during operation in the ATM of a bank and then was stole by other person. Shall the bank take liability of compensation?
Miss Zhao went to the ATM with her bank card. After she pushed the card in ATM and input the code, the card seemed to be stuck by the machine. And people around suggested her to go to the bank for help. Miss Zhao’s bank card was not found in the machine. And the watchdog show that people around peeped at Miss Zhao’s code and after Miss Zhao left the machine they operated the machine and got the bank card. Miss Zhao sued the bank for compensation.
Although Miss Zhao’s bank card is stuck and lost during operation on the ATM, it is the person who peeped at her code and stole the card that shall take the liability of tort. Before the Tort Law is implemented, Miss Zhao has no legal basis of requiring compensation from the bank. And according to the Tort Law, if harm in a public venue such as a bank is caused by a third party who shall take the liability of tort, manager of the public venue who failed to fulfill the duty of safety protection shall assume corresponding complementary liability. Therefore, if the bank fails to fulfill its duty of safety protection in its office(including the ATM), it shall take complementary liability.