New Mexico dog liability for owners of strong dogs

Without a bite statute, courts look at what the owner knew and how well the dog was controlled.

German Shepherd on a leash playing with its handler

No dog bite statute

The dogbitelaw.com summary of New Mexico dog bite law says a bite victim in New Mexico can recover under negligence, negligence per se, scienter and intentional tort, and that with no dog bite statute the state is a one-bite state. Under scienter an owner is liable if the owner knew or should have known the dog was vicious or had a tendency to be vicious.

Negligence and the provocation defense

The same page says negligence applies where an owner lacks knowledge of vicious tendencies but fails to control the animal where injury could reasonably be expected. It also says the owner is not liable if the injured person knew the dog's propensities and wantonly excited it or voluntarily and unnecessarily put themselves in its way.

What it means for buyersA trained protection dog is a known quantity, so assume an owner will be treated as having notice of what the dog can do. Fencing, warning signs, a reliable recall and insurance are the practical protection. Ask a New Mexico attorney how this applies to you.

Filing deadline

dogbitelaw.com lists New Mexico Statutes Annotated section 37-1-1 and following as the source of the filing deadline for dog bite cases. Ask an attorney for the current time limit.

Insurance and housing

Tell your insurer what dog is coming and read your lease or association rules first. State law does not override either.

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