If you have been bitten by a dog in the state of New Mexico, it is important to understand your rights and the laws surrounding dog bites. Dog bites are a painful experience, and knowing what steps to take after being bitten is important for your well-being and legal protection.
In New Mexico, dog owners have a responsibility to ensure that their pets do not pose a threat to others. This means properly training and socializing their dogs, as well as keeping them under control at all times. If a dog does bite someone, the owner may be held liable for any damages or injuries caused. Our team at Dominguez Law can help you understand what steps you need to take following a dog bite incident.
What Is Negligence vs. Strict Liability?
New Mexico follows a “negligence” rule when it comes to dog bite incidents. Unlike in strict liability states, where the dog owner is automatically liable for any dog bite regardless of the circumstances, New Mexico requires the victim to prove that the dog owner was negligent.
This means you and your lawyer must demonstrate that the owner knew or should have known that their dog had the potential to cause harm and failed to take reasonable steps to prevent the bite.
Elements of a Dog Bite Lawsuit
To successfully pursue a personal injury lawsuit in New Mexico, you will need to establish the following elements:
- Duty of Care: The dog owner had a duty to exercise reasonable care to prevent the dog from causing harm.
- Breach of Duty: The owner breached this duty by failing to take appropriate precautions.
- Causation: The breach of duty directly caused your injuries.
- Damages: You suffered actual damages as a result of the dog bite, such as medical expenses, lost wages, and pain and suffering.
Your personal injury lawyer will help you evaluate your claim against these criteria and establish liability for your case.
What Is the One Bite Rule?
This rule implies that a dog owner may not be held liable for a first-time bite if they have no prior knowledge of the dog’s dangerous tendencies. However, if the dog had bitten someone before or exhibited aggressive behavior, the owner is more likely to be found negligent for not taking preventive measures.
Damages You Can Recover Following a Dog Bite in New Mexico
In a dog bite case, you can recover damages that include:
- Medical costs (emergency care and ongoing treatments)
- Lost wages from not being able to work
- Mental health treatment costs
- Costs of replacing clothing or personal items damaged in the incident
There are many potential damages that you can recover depending on the specifics of your case. A lawyer will review the case and collect evidence so that they can file an individual claim for everything that you can recover.
What to Know About the Statute of Limitations
In New Mexico, you have three years from the date of the dog bite to file a personal injury lawsuit. This time frame is known as the statute of limitations. If you fail to file a lawsuit within the three-year limit, you may lose your right to pursue compensation for your injuries. It is important to consult with an experienced personal injury attorney as soon as possible after a dog bite to ensure that your legal rights are protected.
Contact a Personal Injury Attorney at Dominguez Law For Help
Whether you are a dog owner yourself or someone who has been bitten by a dog, understanding the laws and regulations surrounding dog bites in New Mexico is essential. By familiarizing yourself with your rights and responsibilities, you can ensure that you are prepared to handle any potential dog bite incident in a calm and informed manner.
If you have been bitten by a dog, it is important to know your legal rights and take action to hold the responsible parties accountable. Call Dominguez Law at (505) 850-5854 or schedule a consultation using our contact form. Our compassionate and aggressive team is here to support you. We also speak Spanish.
