Dog Bites in New Mexico: Legal Implications and Your Rights
In New Mexico, dog bite liability is not explicitly stated in law. Yet, a current Uniform Jury Instruction states that a dog’s owner is responsible for any harm their pet does if the owner knows their dog exhibited cruel or aggressive behavior.
The owner of the dog may not be responsible for injuries that occur if the victim had prior knowledge that the dog was aggressive, if the victim intentionally provoked the dog, or if the victim placed himself in an unsafe environment near the dog.
The injured party has the burden of proof in establishing strict liability, which requires them to show that the dog’s owner was aware of the dog’s violent tendencies beforehand. This may be shown by past events or by the testimony of credible witnesses who have seen the dog in its ferocious form. In the meantime, read our rundown of personal injury law as it relates to dog bites in New Mexico to learn more about your options in the aftermath of an injury-causing bite or attack.
Premises Liability in a New Mexico Dog Bite Case
First and foremost, while preparing your case, you should look into the “statute of limitations” for your state, which states how long you have to file a lawsuit after an accident. In New Mexico, the time restriction for filing a lawsuit after an accident is three years. In order to protect your right to seek compensation for your injuries, it is essential to keep track of the statute of limitations.
Moreover, New Mexico law mandates that the party at fault pay for any damages they cause, whether to people or property. Claims in this state are likewise evaluated under the state’s pure comparative negligence standard. In other words, the law allows someone who is 90% at fault in an accident to still submit a claim for compensation, but they can only earn 10% of the total settlement. When an injured individual is found to be somewhat at fault for their own accident or injury (such as in a situation where a dog bite victim knowingly approaches a dangerous dog, for example), the comparative fault rule kicks in.
How is Compensation Awarded in Dog Bite Claims?
Pain and suffering, the extent of injuries, and other losses are key factors in determining the value of an injury claim. In addition, victims may seek other forms of compensation. Common examples of economic damages include hospital bills, lost wages, and car repairs, all of which can be easily calculated and documented. Non-economic damages or losses, such as pain, suffering, and loss of consortium or companionship, are more nebulous but no less real than monetary damages.
What is Loss of Consortium?
The term “loss of consortium” refers to the inability to enjoy the benefits that come with having a close personal connection, such as those shared by spouses or partners. When someone you care about is hurt or dies in an accident, you may feel a loss of companionship, comfort, or love.
Thus, if your spouse, partner, or other close family member was hurt or killed because of another party, you may be able to submit a claim for loss of consortium. Nonetheless, state law often capped damage awards in personal injury lawsuits. These restrictions limit non-economic damages and damages in New Mexico in specific kinds of lawsuits, so it’s important to meet with an attorney to understand more about these potential restrictions.
Dog Bite Liability Under New Mexico Law
For dog bites or attacks, if an injured party can prove that the owner “should have known” the dog (or another animal) was dangerous, the owner will be held accountable for any damages. However, the “one bite” rule is recognized under New Mexico law on animal attacks. Essentially, if a dog has never bitten someone forcefully before, its owner cannot be held responsible if the dog bites someone.
That said, the one-bite rule isn’t the only factor in determining whether or not a property owner is responsible for damages, so make sure you consult an attorney in any and all cases of personal injury.
Steps to Take After a Dog Bite in New Mexico
After a dog bite, the victim should immediately call the local animal control or another appropriately trained organization to file a complaint and request an investigation. To stop these kinds of assaults and ultimately determine who was responsible for the dog, this is essential.
Moreover, a dog bite injury attorney may meet with Animal Control officials who have conducted a thorough investigation into an incident to testify as witnesses in future cases involving dog bites. In most cases, the credibility of this witness will be a deciding factor in the final verdict of any court proceedings.
Victims may face a lengthy road to rehabilitation after sustaining injuries in an animal attack or dog bite. There may be disfiguring scars, the need for medical treatment, and maybe even psychiatric treatment and therapy for emotional trauma. Furthermore, the insurance company for the dog owner will likely do all it can to reject a claim from a New Mexican citizen who has been bitten by a dog.
For these reasons and more, it’s important to retain a personal injury attorney with extensive knowledge of New Mexico dog bite laws if you have been the victim of a dog attack in the state. Your lawyer will be able to thoroughly examine your claim because of their extensive understanding of the law, their experience with similar cases, and the resources at their disposal.
Contact Will Ferguson & Associates in New Mexico
Regardless of the type of injury or severity of a dog bite, victims face an array of frustrating, devastating consequences while dealing with the aftermath of an animal attack. In the event that you’ve suffered injuries and other damages at the hands of a careless pet owner in New Mexico, you should seek the counsel of an experienced attorney as soon as you can. Contact us at Will Ferguson & Associates in New Mexico if a negligent party has left you or a loved one with injuries.
Get in touch with our skilled accident attorneys at (505) 243-5566 to discuss your case and whether or not you have a right to financial recompense for your injuries. We will handle each step of your legal claim if we determine that you and your family are eligible for a possible settlement. Reach out to our personal injury lawyers in New Mexico immediately for a free, no-risk initial consultation to discuss your case’s specifics and your options moving forward.
