New Mexico does not have a dog bite liability law currently. But a dog owner can be held liable if the owner knew the dog had a tendency to be violent or vicious toward people. A dog owner won’t be liable if the injured person was aware ahead of time that the dog is vicious or went close to the dog.
The “one bite” rule applies in New Mexico which means the first bite the dog inflicts, the owner is then liable. The dog owner who is liable may be responsible for paying medical bills, lost wages and pain and suffering to the victim.
In other states, the one bite rule does not apply and instead the owner is responsible for any injuries inflicted by the dog no matter if the dog has bitten someone in the past or not. Dogs are considered dangerous to people if they are aggressive based on their breed. They are also considered dangerous if they are aggressive when fenced in a space such as a backyard or room in a home and if the dog is aggressive without being provoked.
One way in which dog owners are not held liable is if a trespasser is injured by a dog. In that case, there is no negligence because the dog owner was not required to reasonably control the dog.
We are dog bite lawyers in New Mexico who can help you prove liability in the State and recover damages due to a pet owner’s negligence. We will investigate and file a claim on your behalf.