New Mexico Tort Laws

Every day, about five people die from injuries in the Land of Enchantment, based on data from the New Mexico Department of Health. This shows that injuries are a significant concern in the state. It raises the question of what legal recourse is available when someone is injured by another party.

Torts and personal injury cases are both handled in civil court, but torts cover a broader range of cases. Personal injury claims are actually a type of tort. Other reasons that people file torts include environmental disasters and dangerous drugs. 

If multiple people are injured by the same act or omission, then it could lead to a mass tort case. For example, consider the pending McBride fire lawsuit. A major wildfire broke out in Ruidoso in April 2022, killing two people and destroying over 200 homes. Affected individuals filed complaints against PNM, a utility corporation, for negligence in maintaining power lines. 

If you intend to bring a tort claim in the state, you must first learn about New Mexico's tort laws. In this article, we will go over various types of torts that can be filed, as well as the statute of limitations for common torts. It is vital to be prepared and knowledgeable about torts so that you can seek justice and compensation for damages if you get injured by another person.

Basic Tort Categories in New Mexico

Negligent Torts

If you are injured as a result of another person's negligence, then you are eligible to file a negligent tort claim. For instance, if a pedestrian is crossing the street and is hit by a car because the driver was not paying attention, the driver may be liable in a negligent tort claim.

To receive compensation, you need to show that:

• The defendant owes the plaintiff a duty of care (for example, a motorist must be a responsible driver to avoid accidents).

• The defendant breached that duty of care (the driver did not drive safely).

• The defendant’s failure to uphold the duty of care resulted in your injuries.

Intentional Torts

While negligent torts involve proving that the defendant breached a duty of care, intentional torts require proving that the defendant deliberately acted to harm the plaintiff.

Let's take a look at the Garcia v. Gordon case as an example. The jury found that while Gordon falsely arrested and imprisoned the plaintiff, Garcia was also partially negligent; thus, his award was reduced. 

Garcia argued that false arrest and imprisonment are intentional torts and that the rule of pure comparative negligence can't be applied. The jury eventually determined that Gordon took those actions with no intention of harming the plaintiff, as the defendant believed that the plaintiff's action of evading a police officer was "unreasonable." Therefore, the comparative negligence rule still applies.

This case shows that proving that the act is intentional isn't enough. It must also be proven that the defendant intended to do something to the plaintiff. In this case, it must be proven that Gordon wanted to injure Garcia.

Some cases that can be considered intentional torts are the following:

• Assault.

• Battery.

• Intentional emotional distress.

• Trespassing.

Strict Liability Torts

In strict liability cases, you don't need to prove that the defendant was negligent to hold them responsible. Strict liability most commonly applies in product liability claims, where the plaintiff holds a manufacturer, designer, or seller responsible for harm caused by defective products. In a product liability case, it must be proven that:

• The product was defective.

• The defect was unreasonably dangerous to the plaintiff.

• When the plaintiff received the product, it was still defective.

• The defect was the direct cause of the plaintiff's injuries.

New Mexico tort law recognizes three types of defects: manufacturing defects, design defects, and marketing defects. Defendants can be held liable for manufacturing defects if the error is due to production issues. An example of this is when a product causes injury due to a factory error. In design defects, the fault is committed during the design process, like failing to safely design a product or to perform safety tests before putting it for sale. For marketing defects, defendants can be held liable if they fail to provide warnings on their products, such as labels.

Other Tort Categories in New Mexico

Economic Torts

Economic torts focus on financial losses you suffered due to the defendant's actions during business dealings, which sets them apart from other types of torts. For example, you can sue a third party for economic tort if they interfered with your discussions with a business partner to form a new agreement, causing the agreement to be canceled. This type of economic tort is called tortious interference.

Other types of economic torts include the following:

• Negligent misrepresentation.

• Breach of fiduciary duty.

• Fraud.

• Contract violations.

Tort vs. Crime in New Mexico

Torts and crimes both refer to the harm done by an individual. However, they are handled differently. 

Torts are claims where the plaintiff seeks to hold the defendant liable for their injuries and other losses. In this instance, the case is brought in civil court to assess whether the defendant should compensate the plaintiff for damages caused by their actions.

Meanwhile, if the defendant violates the law, then that is considered a crime. In this situation, the offense is causing harm not only to an individual but also to society as a whole. The defendant then goes to criminal court, where a judge or jury decides if they are guilty of the crime. The defendant will then be punished following the verdict, which may include fines and imprisonment, depending on the severity of the act. 

In some cases, an individual can be held liable in civil court and punished in criminal court, as some torts are also classified as crimes. For instance, if you want to file an intentional tort claim against another person for assault, they may also be criminally charged since it is a petty misdemeanor.

Mass Torts in New Mexico

A mass tort is a civil action in which multiple individuals sue the same defendant, who is usually a commercial entity. For example, if you and your coworkers developed similar diseases as a result of being exposed to hazardous chemicals at work, you could file a mass tort lawsuit against the company.

Some of the common types of mass tort cases are:

• Defective and dangerous drugs.

• Exposure to toxic chemicals like asbestos.

• Environmental disasters.

There are various benefits to filing a mass tort claim. For one, they are more cost-efficient compared to individual lawsuits, as you and the other plaintiffs can choose to share resources. Mass torts are also more time-efficient, enabling you to consolidate your claim with the others to streamline the process.  

Mass Torts vs. Class Actions

Both mass torts and class actions involve multiple plaintiffs suing one or a group of defendants. However, the class must fulfill prerequisite requirements given by the court for the action to be eligible. Below is a table describing the differences between mass torts and class actions:

If the plaintiffs' circumstances differ, it is preferable to file a mass tort since class actions have greater restrictions. However, in a mass tort, each plaintiff must independently prove their case. Meanwhile, in a class action lawsuit, not all plaintiffs must establish their claims because the entire class is treated as a single plaintiff. Instead, a representative will be the one who stands for all the plaintiffs. 

The Mass Tort Process

To receive compensation, it's important to understand how mass torts work. The first thing you must do is hire a lawyer. Not only will they guide you throughout the process, but they will also help you collect and review evidence that is crucial for establishing your claim. 

If you don't have sufficient evidence, or if the evidence is contradictory, then your claim may be dismissed. This means that you must also inform your lawyer about your medical records, such as pre-existing conditions and previous injuries, so they can consider them when building your case. 

If you are done reviewing your records, you can then choose to discuss your findings with the other plaintiffs. Besides having evidence, it's vital to have a uniform structure between all the claims (e.g., all plaintiffs have evidence that they suffered similar injuries caused by the same defective product). If there is no coherent structure, then you and the others may not be able to claim compensation.

The next step is to file the lawsuits together within the deadline. You and the other plaintiffs can choose to consolidate the claims for easier processing of the cases. The court can also decide to handle some cases through multidistrict litigation to reduce the burden. Note that most of the time, mass tort claims are filed in federal court.

Some claims will be selected to be tried in bellwether trials. The lawsuits picked will serve as samples to determine how the trials will proceed in general. For example, if the findings of the bellwether trials favor the defendant, the remaining lawsuits will not be tried, and the mass tort claim will most likely be dismissed. 

You and the other parties can decide to reach an agreement with the other party out of court. When this happens, then the case won't go to trial, and you will be compensated based on the settlement agreed upon. If no agreement can be reached, then you can bring your case to court. 

New Mexico Tort Liability Insurance Requirements

Like other states, New Mexico also requires residents and businesses to carry auto insurance. The minimum auto insurance coverage is listed below:

• $25,000 for physical injury or death to an individual.

• $50,000 for physical injury or death of two or more people.

• $10,000 for property damage in one accident.

Moreover, municipalities are required by law to carry various types of insurance coverage through buying insurance or self-insuring. In particular, they must have coverage for real property damage, vehicles, losses from crime, and fiduciary bonds.

The Statute of Limitations for Tort Cases in New Mexico

The deadline for filing a case is called the statute of limitations. If you're planning to file a tort claim, it's important to file within the deadline so you won't be barred from obtaining compensation. The statute of limitations varies depending on the type of tort. 

Below is a table detailing the statute of limitations for common civil claims:

Statute of Limitations for Tort Claims Against the Government

New Mexico's version of the Tort Claims Act mainly pertains to cases filed against government entities. Generally, employees working for the government have immunity from civil liabilities, so filing a claim against them is more complex than filing a claim against a private individual. However, New Mexico tort laws provide certain exceptions that enable residents to hold government entities liable for their injuries. 

Pursuing a claim against the government entails stricter deadlines and restrictions. Failure to file a case within these deadlines can result in the loss of the right to sue, so timeliness is crucial. Usually, a plaintiff has two years from the date of the injury to file a claim against the government. In most cases, you have two years from the date you were injured to file a claim against the government. If you're filing a wrongful death case, you have three years from the date the person died.

It is advisable to consult an attorney if you want to know if you have a case. They can also help you furnish the necessary forms and submit your claims within the deadline.

How Much Can Someone Sue in a Tort Case in New Mexico?

Like other states, New Mexico has its own damage caps, particularly in medical malpractice cases. The amount a plaintiff can obtain is determined by the year the claim was filed. The cap is $600,000 per occurrence for claims before January 1, 2022, $750,000 per occurrence for claims from January 1, 2023 to December 31, 2023, and $1 million per occurrence for claims brought in 2024. Meanwhile, punitive damages and medical care are not capped. 

There are also separate damage caps for medical malpractice claims brought against hospitals,

• $4 million per occurrence for claims filed in 2022.

• $4.5 million per occurrence for claims filed in 2023.

• $5 million per occurrence for claims filed in 2024.

• $5.5 million per occurrence for claims filed in 2025.

• $6 million per occurrence for claims filed in 2026.

New Mexico's Negligence System

New Mexico follows a pure comparative fault system, which means the amount of money you receive in a claim will be reduced by the percentage of fault assigned to you. For example, if you were hit by a car and the court determined that you were 20% to blame, the $100,000 award would then be lowered to $80,000. 

Other Legal Remedies in Tort Cases in New Mexico

Injunction

An injunction is a court order that prevents someone from doing something. This is frequently granted to keep a person from committing more harm. 

For instance, when Erik Briones allegedly denied New Mexicans access to the Pecos River, the State of New Mexico filed a motion for preliminary injunction to prohibit him from continuing to do so. This was filed because he violated the constitution by threatening individuals with violence, making false threats of prosecution, and putting barriers in place to prevent people from using public waters.

There are various types of injunctions, such as preliminary injunctions, temporary restraining orders, and permanent injunctions. While a preliminary injunction must be issued with a notice to the other party, a TRO can be granted without notice if there is sufficient evidence that the plaintiff will suffer serious and urgent harm before the defendant can respond in court.

Restitution

Restitution is usually imposed on criminal cases, where the court orders the defendant to give full or partial payment to the victim for the damages they caused. Usually, restitution is one of the requirements the defendant must fulfill as part of their probation or parole. The amount they must pay depends on the plan decided by the court.

In New Mexico, a victim is not barred from filing a civil action if they're also receiving restitution. For example, the defendant is ordered to pay restitution for the damages they caused you, but the payments were insufficient to cover your medical bills. You can then choose to file a tort claim for your losses.

Resources for Tort Victims in New Mexico

State Bar of New Mexico

The State Bar of New Mexico provides legal services to attorneys and the public. It has an online directory where residents can search for lawyers based on practice area, location, and languages spoken. It also has the Ask-a-Lawyer Call-in Program, where interested individuals can get their legal questions answered once a year, including personal injury matters. 

Law Help New Mexico

Law Help New Mexico helps low-income families with their legal concerns. It has a wide array of online resources for people wanting to learn more about the laws surrounding the state, including court cases and court locations. Other legal topics covered by the organization include family law, disability rights, employment law, and housing. 

New Mexico Legal Aid

New Mexico Legal Aid assists low-income residents and communities with their legal concerns through representation, outreach, and education. It provides legal solutions for victims of violence, such as the New Mexico Legal Aid Domestic Violence, Sexual Assault, and Stalking Legal HelpLine. It is a statewide service that domestic abuse victims can use to learn legal information, obtain referrals, and contact lawyers. Interested New Mexicans can call 1‐877‐974‐3400.