3 Reasons Why Your Dog Bite Claim May Be Denied

By Richard W. Sutten

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Dog Bites

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Last Modified on Apr 21, 2025

A dog attack can be very traumatic. The moments following a dog attack can be quite confusing and hectic as you try to figure out what to do next.

If you are attacked by someone else’s pet, you may be eligible for compensation for the cost of medical treatment and other damages through a premises liability claim. However, there are times when, injuries notwithstanding, your premises liability claim might be denied. If this occurs, you will want to know why.

Here are three reasons your dog attack claim might be denied in New Mexico.

You took too long to file your claim

If you are attacked and hurt by someone’s dog in New Mexico, you have three years to file a claim against the pet owner. This is the state’s statute of limitations period. Your premises liability claim could be denied if you miss this important timeline.

You provoked the animal

Some actions by an individual that trigger the animal to act in a violent manner could be considered provocative. Unfortunately, determining whether the victim provoked the dog before the attack can be more complicated than most people think. Examples of provocation may include chasing and/or striking the animal, pulling their food away or visually challenging the dog.

You were trespassing on the property

In New Mexico, pet owners owe trespassers reasonable duty of care. However, the court may not rule in your favor if you were not lawfully on private property at the time of the attack. Essentially, the court and/or the jury may be reluctant to hold the pet owner responsible if the victim unlawfully trespassed onto the property. A dog attack can leave you with devastating injuries. Find out how you can safeguard your rights and interests while pursuing a premises liability claim against the pet owner.

About the author: Richard W. Sutten

Founder of Sutten Law Group

Richard W. Sutten is the founder of Sutten Law Group in Albuquerque, New Mexico. Practicing since 1977, he focuses on personal injury law and advocates for clients navigating complex claims. A graduate of Oklahoma City University School of Law, Mr. Sutten brings decades of experience to his practice and is admitted to the State Bar of New Mexico.

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