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New Mexico law

Premises Liability Laws in New Mexico.

New Mexico premises liability applies a general duty of reasonable care to all visitors — New Mexico abolished the traditional invitee/licensee/trespasser distinctions in Ford v. Board of County Commissioners, 118 N.M. 134 (1994). New Mexico's pure comparative fault applies. New Mexico has a Recreational Use Act granting immunity to landowners who permit free recreational access. New Mexico follows common-law one-bite rule for dog bites (no strict-liability statute).

Last verified: 2026-04-17

State law

Statute of Limitations

3 yearsNMSA 1978 § 37-1-8

3-year general personal injury statute applies.

State law

Fault & Liability Rules

Pure Comparative FaultScott v. Rizzo, 96 N.M. 682 (1981); Bartlett v. N.M. Welding Supply, 98 N.M. 152 (1982)

New Mexico applies pure comparative fault — plaintiff's fault reduces recovery proportionally with no bar even at 99% plaintiff fault.

State law

Key New Mexico Statutes

Unified Duty of Reasonable Care (Ford v. Board)Ford v. Board of County Commissioners, 118 N.M. 134 (1994)

New Mexico Supreme Court abolished the traditional licensee/invitee/trespasser distinction. Landowners owe all non-trespassers a duty of reasonable care under the circumstances.

Duty to TrespassersNew Mexico common law

Trespassers are still owed a more limited duty — generally to avoid willful or wanton conduct. Attractive-nuisance doctrine applies to trespassing children.

Recreational Use ImmunityNMSA 1978 §§ 17-4-7 et seq.

Landowners who permit free recreational use of their land owe no duty to keep the premises safe and are not liable absent willful or malicious failure to warn.

Dog Bite (One-Bite Rule)New Mexico common law

New Mexico does not have a strict-liability dog-bite statute. Plaintiffs must prove the owner knew or should have known of the dog's dangerous propensities, or prove negligence.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Mexico.

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