New Mexico Dog Bite Laws – Know Your Legal Rights
While most dogs will never seriously bite anyone in their lives, it does happen. Dog bites can lead to serious physical and emotional trauma. As a resident of New Mexico, you should understand New Mexico dog bite laws.
By understanding relevant dog bite claim laws, you can know your legal options if you ever have to face the consequences of a dog-related injury.
Understanding New Mexico Dog Bite Laws
45.5% of American households have a dog, making them the most popular pet in the country. Although most would assume that there is a law that addresses dog bites, New Mexico’s dog bite law is really shaped by past court decisions. These cases go as far back as 1953, with Perkins v. Drury, and as modern as 2013, with Ortiz v. Johnson.
Unlike some states that have a “one-bite law” (where an owner is only liable after a dog’s first bite) or strict liability laws (where the owner is always responsible), New Mexico follows negligence principles and the one-bite rule. This means that if a victim is to receive compensation, they must be able to show that the dog’s owner:
- Knew that their dog had a tendency to bite or was dangerous or should have known, and
- Didn’t take reasonable actions to stop their dog from biting
Premises Liability
Premises liability will oftentimes intertwine with the one-bite rule and negligence principles. A property owner, even including landlords, can be held liable if they knew that a dog on their premises had aggressive tendencies or reasonably should have known and failed to take any reasonable steps to prevent them from attacking a person.
Dangerous Dog Act and Criminal Liability
New Mexico has an act called the Dangerous Dog Act, which states that a dog may be classified as “dangerous” if it injures someone without provocation. Owners of these dogs are required to comply with strict regulations, including registering their dog, keeping them confined, and having liability insurance. If a person’s registered dog causes a serious injury or even a death, the owner could face misdemeanor or even felony charges under NMSA 1978 77-1A-6.
Statute of Limitations
Since dog bites fall under personal injury law, a claim must be filed within three years of the accident. This means that an injured person can lose their right to seek compensation for damages if they let that deadline pass. There are some exceptions to this, including if the victim was a minor or if they were incapacitated after the bite.
Damages You Can Recover Following a Dog Bite in New Mexico
Those who have been bitten by a dog may be able to recover different types of damages. Economic damages are those such as current and future medical costs, wages you lost during your recovery, and personal item damage. Non-economic damages can cover pain, suffering, emotional distress, disfigurement, or anything similar to that.
Understanding How Your Actions Might Affect Dog Bite Claims
A victim’s actions can significantly impact how liable the dog owner is for their dog biting. This is known as the pure comparative negligence standard, meaning even if the victim is partially at fault, their compensation will be lessened based on the amount of fault they were found to have contributed.
Some common actions from victims that could reduce the owner’s liability are:
- Teasing, tormenting, or abusing the dog.
- Trespassing on the owner’s property.
- Ignoring prior warnings from the owner about their dog’s aggressive behavior
Why Legal Representation Is Important in Dog Bite Cases
Dog bites and other personal injury cases are complex. There are medical records, witness testimonies, insurance negotiations, and more to handle. An experienced personal injury lawyer can support you while you navigate these challenges by building a strong case and fighting for the compensation you deserve.
Strategically Align and Execute Your Legal Objectives
Legal challenges can feel overwhelming. At Sutten Law, we don’t just react; we strategically guide. We’re committed to understanding your unique situation and providing proactive solutions that protect your interests. Let’s discuss how we can bring clarity and direction to your legal journey.
FAQs
Q: Will a Person’s Dog Be Taken Away After a Bite?
A: It depends. A dog that bites may be taken by Animal Control for a mandatory 10-day quarantine or ordered to do so at home. Euthanasia is typically seen as a last resort for especially “dangerous dogs” that have caused serious injuries without being provoked and whose owners fail to comply with any registration and handling requirements after a court order.
Q: Can Someone File a Claim Against Me for a Minor Dog Bite?
A: Yes, a person can file a claim against you for a minor dog bite in New Mexico. The victim will need to prove that you knew that your dog had a tendency to be aggressive (the one-bite rule), you reasonably should have known, or that you were negligent in controlling your dog. Their case could be weakened if the victim provoked your dog or knowingly put themselves in harm’s way.
Q: What Is the Statute of Limitations on a Dog Bite?
A: A dog bite falls under personal injury law, which means the victim will have three years from when the accident occurred to file a dog bite claim. It is important to keep in mind that there are exceptions when the person was a minor or became incapacitated after the incident.
Q: What Defenses Might a Dog Owner or Insurance Company Use?
A: Dog owners or their insurance companies may argue that the one-bite rule applies, that the victim provoked the dog, that you trespassed on their property, or that comparative negligence applies, which means the victim was partially at fault for the accident; therefore, the settlement can be reduced. It is recommended that you discuss your specific case with a dog bite lawyer to understand what types of defenses might be used.
Q: Who Can Be Held Liable for a Dog Bite in New Mexico?
A: A dog owner is typically the responsible party, but in the state, property owners may share liability if they allow a dangerous dog to roam freely or do not adequately secure their property or premises. In some cases, landlords could also be held liable if they were aware that a tenant had an aggressive dog on their property and did not take appropriate action.
Seeking Legal Support After a Dog Bite in New Mexico?
If you decide you want to file a dog bite claim in New Mexico, keep in mind that it can be complex and time-consuming. It will require a deep understanding of the state’s negligence laws, the personal injury claim process, and how to support your argument. A firm like Sutten Law Group is here to help. Our attorney is here to advocate for your legal rights so you can focus on your recovery. Contact us right away.
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