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-year general personal injury statute applies.
State law
Fault & Liability Rules
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
New Mexico Supreme Court abolished the traditional licensee/invitee/trespasser distinction. Landowners owe all non-trespassers a duty of reasonable care under the circumstances.
Trespassers are still owed a more limited duty — generally to avoid willful or wanton conduct. Attractive-nuisance doctrine applies to trespassing children.
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.
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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