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New Mexico Negligence Laws

Accidents, we are told, are a fact of life. And it's true that in many cases, they're nobody’s fault. But what about those other cases where someone is to blame for an accident? And what if someone is injured?

Negligence claims are the legal system’s method for determining fault in injury-causing accidents and how much, if anything, the injured party can receive from the careless party in damages. Here is a basic overview of negligence laws in New Mexico.

General Negligence Law

The first question in any negligence case is did one person (or a group of people) owe a duty of care to another and did that person or group fail in fulfilling that duty or otherwise commit a breach of duty? For example, we all owe a duty of care to drive safely, and driving recklessly is a breach of that duty. The next question is whether the person or group’s failure was the direct cause of the injuries, and then determining the extent of the harm, and the appropriate amount of damages. To continue our example, did the reckless driving and the resulting accident (and not some other intervening event) cause the person’s injuries, how badly was the person injured, and what are the damages, or total costs of the injury to the person.

Negligence Laws in New Mexico

State negligence laws can differ, and the law applying to your case may depend on your jurisdiction and your specific circumstances. For example, under New Mexico law, if you were injured in an accident and were also at fault to some degree, your possible recovery can diminish based on the degree of your own fault. And if you were more at fault than the other party in an accident, you might not be able to recover any damages at all. New Mexico’s negligence statutes are highlighted below.

Code Section


Comparative Negligence

"Pure" comparative negligence

New Mexico Statutes 41-3A-1: Several Liability

Contributory Negligence-Limit to Plaintiff's Recovery


Contribution Among Tortfeasors


New Mexico Statutes 41-3-1, et seq.: Contribution Among Tortfeasors

Uniform Act

41-3-1 to 41-3-8

More Resources for New Mexico Negligence Laws

Negligence laws can be complex, and states can treat negligence claims and liability differently. For additional articles and resources on this topic, you can visit FindLaw's section on Negligence.

Get Professional Legal Help With Your New Mexico Negligence Claim

Negligence laws allow you to sue for injuries caused by someone else's negligence, but proving negligence can be complicated. Even if it's not clear who was at fault, an attorney can help you decide whether to file a lawsuit and whether you could recover any money for your losses. Get peace of mind by speaking with a New Mexico personal injury attorney.

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

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