New Mexico Dog Bite Laws

In 2023, dog owners Kristopher Morris and Mary Montoya were arrested and charged with involuntary murder and criminal possession of dangerous dogs under New Mexico dog bite laws. This happened after their five dogs killed Stanley Hartt. Out of the five canines, one was put down, and the other four were sent over to Tucumcari Animal Control.

This case demonstrates that being an unlawful and negligent dog owner in New Mexico will result in criminal prosecution. In addition, victims of dog bites should be aware of their legal rights to compensation for any injuries and other losses.

This page offers an overview of New Mexico dog bite laws. It outlines the obligations placed on dog owners by the state. This article also explains the liability standards for dog bite cases and the potential legal and criminal consequences in the event that a pet harms or kills a human or domestic animal.

Dog Owner Responsibilities in New Mexico

License Requirements

Each town and county in New Mexico has the authority to implement ordinances for the licensure of dogs. For instance, any individual who harbors, keeps, or maintains a dog in Las Cruces that is older than three months must get a license from the animal control division. Licenses must be issued on a yearly basis and renewed during the month of the anniversary of their original issuance.

Rabies Vaccination

Owners of dogs who are three months of age or older are required to vaccinate their pets in accordance with New Mexico Department of Health standards. The owner must present the certificate of vaccination to an animal control or sheriff's deputy officer.

Leash Laws

Local governments are allowed to control their own leash laws under New Mexico statutes. For instance, according to leash laws in the City of Albuquerque, all animals (apart from wild ones) must always be restrained by a leash, an enclosure, fence, or vehicle.

Running at Large

Dogs that have escaped from their leash or confinement and are roaming the neighborhood are referred to as running at large. In New Mexico, it's against the law to let a dog run loose on a sidewalk, street, alley, or public or private property without the owner's consent. Local animal control officers have the authority to seize and impound dogs that are running at large.

Breed-Specific Legislation in New Mexico

As a state, New Mexico does not prohibit any certain dog breed. However, there are still limitations on "dangerous" and "possibly dangerous" dogs in some parts of the state. 

• A dog that has seriously hurt a human or another domestic animal without provocation is considered "dangerous" in New Mexico.

• A dog is considered "possibly dangerous" if it has chased, threatened, acted aggressively, or caused less-than-severe injuries to a person or another domestic animal. These actions indicate that the dog is a hazard to public safety. 

The following are the cities that have breed-specific legislation in New Mexico:

• Tijeras. Owning a pit bull was prohibited until 2020, when the ban was overturned.

• Elephant Butte. German shepherds, rottweilers, and pit bulls are classified as "possibly dangerous" dogs. When a resident owns a hybrid or one of these breeds, they must do the following:

- Have their dog registered with the city.

- Vaccinate their dog and make sure it wears a specific collar.

- Provide evidence of their renter's or homeowner's insurance.

Liability Standards in New Mexico Dog Bite Cases

One-Bite Rule

New Mexico follows the one-bite rule, which states that dog owners, handlers, and caretakers may not be held accountable if their dog bites someone for the first time. However, this rule may not always exempt the owner from liability, as there are several methods to assess an owner's accountability for injuries. For example, even if this is the dog's first bite, the owner should still be held liable if they know the dog is violent or has the tendency to attack others but take no action to stop it.

Strict Liability

In New Mexico, a dog bite victim has the right to sue the owner under the strict liability doctrine. The harmed party must show that the dog owner was aware of the dog's vicious tendencies in order to establish strict liability. This could come from records of past events or credible witness accounts attesting to the dog’s viciousness.

Negligence

As an alternative option for compensation for injuries, victims of dog bites may pursue a claim under the standard basis of negligence. A negligence claim can be brought in cases where the dog owner fails to control the pet in an instance where it foreseeably causes damage to other people or animals.

Uniform Jury Instruction

According to the uniform jury instruction for dog bite liability in New Mexico, a dog owner is responsible for the damage incurred by their dog's bite if they knew or should have known that their pet was vicious or had a propensity to be one. 

Possible Defenses to Dog Bite Claims

In New Mexico, the following are examples of potential defenses to dog bite claims: 

• Provocation. The owner of the dog may contend that the attack or bite resulted from the victim's provocation, such as petting, teasing, or taunting the dog.

• Trespassing. In New Mexico, property owners have no duty of care toward trespassers.

• Assumption of Risk. The dog owner may argue that even if the victim was aware of the possibility of experiencing an assault or bite from the dog, they still accepted that risk.

Statute of Limitations in New Mexico for Dog Bite Cases

In New Mexico, a dog bite case must be filed within three years after the date of the injury. This implies that a victim has a limited amount of time to bring a claim against the dog's owner or caretaker. They could be permanently barred from receiving any compensation if they fail to file the claim within the given deadline.

Civil Penalties for Dog Bites in New Mexico

If a New Mexico dog bite victim is successful in suing the owner, the latter must pay for the harm caused by their pet. The following damages are possible for the victim to receive:

• Economic damages, such as medical costs, lost income, and lost earning capacity.

• Non-economic damages, such as pain and suffering, scarring, and deformity.

In addition to this, a local animal control agency may issue a recommendation to the dog owner after conducting a thorough investigation into the dog bite incident. Officers in charge give short-term and long-term recommendations for the pet and their owners.

Short-term penalties involve quarantining the dog, usually at home, for several days. If home confinement is not a possibility, the offending canines are sent to a licensed animal control center. The costs associated with confinement must be paid by the pet's owner. 

In severe circumstances, tougher long-term sanctions may apply to animals with a history of violent behavior. These sanctions may range from finishing obedience training up to euthanasia.

Criminal Penalties for Dog Bites in New Mexico

In accordance with NMSA 1978 Section 31-18-15, a dangerous dog owner will face a felony if their pet causes harm to a domestic animal or another person without provocation. It can either be a third- or fourth-degree felony, depending on the severity of the offense.

Criminal penalties may also be imposed on dangerous dog owners in New Mexico for:

• Breaking the rules of registration.

• Maintaining a dangerous dog without a license.

• Neglecting to report an attack or escape to the animal control authorities.

• Failing to notify animal control that the dog already belongs to someone else.

• Not reporting the dog's death to the animal control authorities within five days.

Reporting and Handling Dog Bite Incidents

If a dog bites you in New Mexico, the first thing you should do is treat your wound. If your injuries seem serious or potentially fatal, dial 911 and request paramedics. You may also contact the police to ask for assistance.

In addition to seeking the necessary medical care, you can take the following actions to strengthen your claim against the owner:

1. Contact a local animal control agency.

You must contact the local animal control agency or another legally authorized organization to report the occurrence and request a thorough investigation. This is the most effective strategy to hold the dog's owner accountable and avoid future incidents.

2. Keep your medical records.

To support your claim, you must save medical records, a list of your medical bills, and pictures of your injuries. Medical reports can help the court assess the extent of injuries and whether there are any damages other than physical harm.

3. Compile the accident's details.

With the help of photos, video, and notes, recreate the incident scene. Record the details of what occurred while it remains fresh in your mind.

4. Discover the history of the dog.

It is possible to determine whether the owner had reasonable knowledge of the dog's violent tendencies by speaking with neighbors and contacting the local authorities.

5. Employ a dog bite lawyer.

With legal representation, your chances of obtaining a just settlement are higher than if you represent yourself. Your lawyer can assist you with case preparation, jury selection, and persuasive claim presentation.

How To Find a Dog Bite Attorney in New Mexico

You can look up a qualified dog bite lawyer in New Mexico online. It is advisable to work with a dog bite attorney because they can handle the investigation of your case, obtain significant proof that supports your claim, and negotiate a fair settlement with the insurance companies. Additionally, they can represent you in court if settlement talks fail and offer you guidance throughout the whole legal process.

Other Resources for Dog Bite Victims in New Mexico

City of Santa Fe Animal Services Section

The City of Santa Fe Animal Services Section addresses the animal-related concerns in the community. It handles dog bite occurrences, allegations of animal abuse or neglect, sick or injured animals, stray or aggressive animals, and complaints about nuisances. Its officers are committed to public education, animal welfare, and the safety of the public.

Contact Information
Phone number: (505) 955-2708
Address: 100 Caja Del Rio Road, Santa Fe, New Mexico 87507

City of Albuquerque Animal Welfare Department

The City of Albuquerque Animal Welfare Department handles the complaints of residents concerning animals. By completing an online form, homeowners can report aggressive dogs both inside and outside of the city. Additionally, the department offers educational materials on how to raise a dog and teach it to be a well-behaved canine citizen.

Contact Information
Phone number: (505) 768-2000
Email: animalwelfare@cabq.gov 
Address: 8920 Lomas NE, Albuquerque, NM 87112

Rio Rancho Animal Resource Center

The rules and regulations pertaining to animals in the Rio Rancho community are provided by its Animal Resource Center. It mandates that citizens notify its animal control officers of any animal bite incidents within a 24-hour period. Pets can also receive services from its employees and volunteers, including feeding, grooming, enrichment activities, cleaning of kennels and catteries, and off-site adoption events.

Contact Information
Phone number: (505) 891-5075
Fax: (505) 891-7207
Address: 3441 Northern Blvd., Rio Rancho, NM 87124