Dog bites can cause serious physical and emotional injuries. If you or a loved one has been bitten by a dog in New Mexico, you may be wondering how to seek compensation. Understanding how the law works here can help you make informed decisions.
New Mexico’s Approach to Dog Bite Liability
Unlike some states that have specific dog bite statutes, New Mexico does not have a strict liability law for dog bites. Instead, victims must prove that the dog’s owner was negligent or that the owner knew the dog had vicious tendencies. This legal theory is sometimes referred to as the “one bite rule” because owners are more likely to be held liable if they knew the dog had bitten or tried to bite someone before【242618239489356†L23-L47】.
Negligence and Scienter
Negligence means the dog’s owner failed to exercise reasonable care in controlling the animal. For example, allowing a dog to roam freely in a public area without a leash could be considered negligent. Scienter is a legal term that means the owner knew, or should have known, that the dog was dangerous. If there is evidence the owner knew the dog had a history of aggressive behavior, it strengthens a victim’s case.
Landlord Liability and Negligence Per Se
In certain circumstances, landlords can also be held responsible for dog bites. A landlord who is aware of a tenant’s dangerous dog may be liable if they have the ability to remove the animal and fail to do so【242618239489356†L53-L76】. New Mexico courts may also apply negligence per se if an owner violates leash laws or other animal control ordinances. This means that breaking a safety law designed to protect the public can be used as evidence of negligence.
Comparative Negligence and Provocation
New Mexico follows a comparative negligence system. If a victim’s own actions contributed to the incident—such as provoking the dog—their compensation may be reduced in proportion to their share of fault. Evidence of provocation can therefore impact the amount of damages recovered.
What to Do After a Dog Bite
After a dog bite, your health is the first priority. Seek immediate medical treatment and follow your doctor’s instructions. It’s also important to report the incident to local animal control or law enforcement. If possible, take photos of your injuries and the location where the bite occurred, and gather contact information from the dog’s owner and any witnesses. These steps can help support your claim later.
Types of Compensation
Victims of dog bites may be able to recover compensation for medical expenses, lost wages, future medical care, and pain and suffering. The exact amount depends on the severity of the injuries and how the attack has affected your life.
Why You Need a Personal Injury Attorney
Proving negligence or scienter in a dog bite case can be challenging. A personal injury attorney will investigate the incident, collect evidence, negotiate with insurance companies, and, if necessary, represent you in court. Having experienced representation increases your chances of receiving full and fair compensation.
Talk to a Lawyer Today
If you have been bitten by a dog in Roswell or anywhere in New Mexico, don’t face the process alone. Contact our office today to discuss your case and learn how we can help you seek the compensation you deserve.
