Why New Mexico Has No Dog Bite Statute

By the FigureMyTax Editorial Team · How we calculate

New Mexico leaves dog bites to the courts, with two paths: scienter and negligence.

No statute

New Mexico does not have a dog bite statute. In the usual case, there are two grounds for liability: scienter under the one-bite rule, and negligence.

Scienter means strict liability

The scienter claim makes the owner liable if the owner knew, or should have known, that the dog was vicious or had a tendency to be vicious. Courts have found that the knowledge requirement is not a negligence instruction but a trigger for strict liability under UJI 13-506. A prior bite is not required.

Negligence as the second path

An owner whose negligence caused the injury is liable too, for example by failing to leash the dog, ignoring prior warnings or violating a leash law. Local leash and confinement ordinances matter.

The Dangerous Dog Act

A dog may be classified as dangerous if it injures someone without provocation, and its owner then faces confinement and insurance rules. A designation can be important evidence of negligence in a civil case, though the act mainly creates administrative and criminal frameworks.

Deadline

Dog bite claims have a three-year deadline under NMSA 37-1-8.

Official sources

• N.M. Stat. § 41-3A-1 — several liability

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how New Mexico's rules apply to your specific case with a licensed New Mexico attorney.