Bank responsibility or not--

Hi,
I need legal advice on a situation regarding a bank service and need to see if they are liable or not. My husband and I opened Roth IRA accounts in 2006 and while opening the account, the financial person was made known that we were both students at the time and had no income. Now, we just found out that the amount you put in the Roth IRA account has to match the income that you earn or else you are held liable for a 6% fine for every year that you have the excess amount in. The person who helped us opened the IRA should have known that we could not open the Roth IRA account, yet still allowed us to open the account. Is it possible to make the bank pay the fine since it is their fault for not letting us know about the law and allowed us to open the account?
Thanks

If you could show that they were offering specific guidance and then routed you incorrectly you could have them pay for a new account and possibly the fines or related costs.