New Mexico

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (NEW MEXICO)

Personal Injury - 3 yrs. (including Breach of Warranty) [N.M.S.A. § 37-1-8] [Chavez v. Kitsch, 374 P.2d 497 (N.M. 1962)]

Wrongful Death - 3 yrs. (from date of death) [N.M.S.A.§ 41-2-2]

Med Mal - 3 yrs. (from the date malpractice occurred) [N.M.S.A. § 41-5-13].

Property Damage - 4 yrs. [N.M.S.A. § 37-1-4]

Written Contracts - 6 yrs. [N.M.S.A. § 37-1-3]

Oral Contracts - 4 yrs. [N.M.S.A. § 37-1-4]

Contract for Sale (goods) and Breach of Warranty - 4 yrs. (from tender of delivery) [N.M.S.A. § 55-2-725]

 

Depending on the nature of the claims asserted and the context out of which they arise, personal injury claims may accrue, for limitations purposes, at the time of the occurrence, the time of injury, or the time of discovery [Gerke v. Romero, 237 P.3d 111 (N.M. App. 2010)].  Where an individual has been injured by an unsafe or defective product and the resulting injury does not immediately manifest itself, the statute of limitations commences when Plaintiff knows, or reasonably should know through diligent inquiry, that he has been injured [Martinez v. Showa Denko, K.K., 964 P.2d 176 (N.M. 1998)]

 

 

 

Statutes of Repose (NEW MEXICO)

Products - None.

Construction of Real Property - 10 yrs. [N.M.S.A. § 37-1-27]

 

Claims Against Public/Gov. Entities (NOTE: “Sovereign Immunity” Limitations May Apply) (NEW MEXICO)

Against State or Any Public Body - Notice within 90 days (6 mos. if death) [N.M.S.A.§ 41-4-16]

Suit Against State - Within 2 yrs. [N.M.S.A. § 41-4-15]

Gov. entities are immune from actions based on contract, except actions based on a valid written contract - Must bring claim within 2 yrs. [N.M.S.A.§ 37-1-23]

Against Municipalities - Suit within 2 yrs. for Personal Injury and Death cases (3 yrs. for other claims) [N.M.S.A. § 37-1-24]

 

Comparative Negligence (NEW MEXICO)

Pure comparative (Plaintiff can recover even if 99% at fault) [Scott v. Rizzo, 634 P.2d 1234 (N.M. 1981)]

 

 

 

Made Whole Doctrine (MWD) (NEW MEXICO)

Traditional MWD is not recognized.  The NM Supreme Court has observed that various equitable considerations must be evaluated in order to apportion expenses incurred by Insured in recovering a judgment or settlement which benefits the subrogated Insurer [Amica Mut. Ins. Co. v. Maloney, 903 P.2d 834 (N.M. 1995)].

 

 

 

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (NEW MEXICO)

Recognized and applied to products and service contracts, but usually only in commercial cases.  

 

In commercial transactions, when there is no great disparity in bargaining power of the parties, economic losses from injury of a product to itself are not recoverable in tort actions [Utah Intern., Inc. v. Caterpillar Tractor Co., 775 P.2d 741 (N.M. App. 1989)].  The court specifically decided not to address whether ELD applies to non-commercial consumers.

 

ELD does not bar a claim for professional negligence arising out of a service contract if Defendants qualifies as a professional [Farmers Alliance Mut. Ins. Co. v. Naylor, 452 F.Supp.2d 1167 (D. N.M. 2006)].

 

 

 

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (NEW MEXICO)

No requirements.

 

 

 

Landlord/Tenant Subrogation (NEW MEXICO)

Subrogation allowed.  In the absence of an agreement between the parties specifying which of them will carry fire insurance for benefit of both parties, or an express clause in lease relieving a party from his negligence, each party must bear the risk of loss for his own negligence [Acquisto v. Joe R. Hahn Enterprises, Inc., 619 P.2d 1237 (N.M. 1980)]

 

 

Reimbursement of Deductible(s) (NEW MEXICO)

No law available.

 

 

 

MedPay and PIP (NEW MEXICO)

MedPay - Subrogation/reimbursement allowed.  PIP - No subrogation allowed and/or no such coverage available.

 

 

 

Liability of Parents (NEW MEXICO)

$4,000 for malicious or willful acts [N.M.S.A. § 32A-2-27].  Any negligence or willful misconduct of a minor driver is imputed to the person who signed the permit/license application [N.M.S.A. § 66-5-11]

 

 

 

Joint Liability (NEW MEXICO)

Several liability (Plaintiff can recover from each Defendant only that Defendant’s share of liability). Exceptions (joint and several liability applies): (1) intentional tort; (2) cases involving vicarious liability; and (3) strict product liability. [N.M.SA. § 41-3A-1].  

 

 

 

Independent Cause of Action for Evidence Spoliation (NEW MEXICO)

Tort of intentional spoliation has been recognized, while tort of negligent spoliation has been rejected [Coleman v. Eddy Potash, Inc., 905 P.2d 185 (N.M. 1995)]

 

 

 

Conflicts of Law (NEW MEXICO)

Torts - Lex loci delicti (courts will apply the law of the state where the tort was committed) [First Nat. Bank in Albuquerque v. Benson, 553 P.2d 1288 (N.M. Ct. App. 1976)].  Contracts - Lex loci contractus (courts will apply the law of the state where the contract was made [Shope v. State Farm Ins. Co., 925 P.2d 515 (N.M. 1996)].