New Mexico
STATUTE OF LIMITATIONS
Personal Property: 4 Years
Personal Injury: 3 Years
Breach of Contract (Written): 6 Years
Breach of Contract (Oral): 4 Years
Statute of Repose (Real Property): 10 Years
Statute of Repose (Products): N/A
Breach of Warranty: 4 Years
GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS
Notice within 90 days and suit within two years
PIP/MED PAY SUBROGATION
PIP: NO
MED PAY: YES
CONTRIBUTORY NEGLIGENCE
Pure Comparative
Plaintiff’s damages will be reduced by their own liability no matter how large, so long as it’s less than 100% (i.e. 99% at fault can still recover 1%)
PARENTAL RESPONSIBILITY
Limitation on Parents’ Liability:
$4,000.00 plus costs and attorney fees for personal injury and property damage
Unlimited for Auto Liability
CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT
There is generally no requirement for filing a certificate or affidavit of merit for claims against professionals
JOINT AND SEVERAL LIABILITY
Several Liability
Exceptions include intentional tortfeasors and product liability cases
VICARIOUS LIABILITY
AGAINST OWNER OF VEHICLE: NO
MADE WHOLE DOCTRINE
Undecided
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