Individual States 

NEW MEXICO

ASSUMPTION OF RISK

Assumption of risk has been subsumed by the defense of contributory negligence. Kabella v. Bouschelle, 672 P.2d 290 (N.M. App. 1983)

CAPS ON NONECONOMIC DAMAGES

There are no exclusive Products Liability statutes under this category.

COLLATERAL SOURCE RULE

Payment of medical expenses and lost wages by insurance or otherwise does not diminish recovery. Hansen v. State Ranch, Inc., 641 P.2d 517 (N.M. App. 1982) .

COMPARATIVE FAULT

Comparative fault is a defense in a product liability case, whether brought in strict liability, negligence, or breach of warranty. A plaintiff's negligence, whether considered contributory negligence or assumption of risk, reduces recovery by the percentage of fault assessed against him. N.M. U.J.I. Civ. 13-1427 .

ECONOMIC LOSS

In commercial settings, when there is no large disparity in bargaining power, economic losses from a product injuring itself cannot be recovered in tort actions. Utah Int'l, Inc. v. Caterpillar Tractor Co., 775 P.2d 741 (1989) .

JOINT & SEVERAL LIABILITY

Joint & several liability has been abolished where comparative fault applies, except for 1) intentional infliction of injury or damage; 2) vicarious liability; 3) strict liability for the manufacture or sale of a defective product; or 4) where there is a sound basis in public policy. N.M. Stat. Ann. §41-3A-1 .

A release of liability executed in favor of one defendant does not extinguish liability of all joint tortfeasors unless the release specifically provides as such. Martinez v. Albuquerque Collection Servs., Inc., 867 F. Supp. 1495 (D.N.M. 1994) .

PUNITIVE DAMAGES

Punitive damages are available in tort, contract actions, and breach of warranty, where the defendant has a culpable mental state and its conduct is willful, wanton, malicious, oppressive, fraudulent, or reckless. N.M. U.J.I. Civ. §§13-861 and 13-1827 .

Punitive damages are allowed in wrongful death actions. N.M. Stat. Ann. §41-2-3 .

RIGHT TO CONTRIBUTION

Right to contribution exists among joint tortfeasors, but a tortfeasor is not entitled to a money judgment for contribution until he has been discharged from common liability or paid more than his pro rata share. N.M. Stat. Ann. §41-3-1(A) and (B) .

If a tortfeasor entered into a settlement, he is not entitled to recover contribution from another joint tortfeasor whose liability is not extinguished by the settlement. N.M. Stat. Ann. §41-3-1(C) .

Pro rata shares shall be the proportion of the award equal to the ratio of each joint tortfeasor's percentage of fault to the total fault attributed to all joint tortfeasors. N.M. Stat. Ann. §41-3-1(D) .

Recovery against one tortfeasor does not release the others. Release of one tortfeasor does not discharge the others unless it so provides, but reduces the claim. Release of one joint tortfeasor does not relieve him of liability for contribution to other joint tortfeasors unless release is given before the other tortfeasor's right to contribution accrues, and provides for a reduction of the injured person's damages recoverable against all the other tortfeasors.

N.M. Stat. Ann. §§41-3-3 to 41-3-8 .

New Mexico provides for nonparty defense where a percentage of fault may be assessed against nonparties. Lamkin v. Garcia, 106 N.M. 60 (1987) .

STATUTES OF LIMITATION

Personal injury actions must be brought within three years. N.M. Stat. Ann. §37-1-8 .

Wrongful death action must be brought within three years. N.M. Stat. Ann. §41-2-2 .

Breach of warranty must be brought within four years of delivery. N.M. Stat. Ann. §55-2-725 .

Property damage actions must be brought within four years. N.M. Stat. Ann. §37-1-4 .

SPECIAL DEFENSES

Misuse is a defense to supplier in a strict product liability claim. Van de Valde v. Volvo of America Corp., 744 P.2d 930 (N.M. 1987) .

In all strict liability cases the conduct of the party seeking traditional indemnification must have been passive before that party may recover full indemnification from the manufacturer of a defective product. In re Consolidated Vista Hills Retaining Wall Litigation, 893 P.2d 438 (N.M.1995) .

STATUTES OF REPOSE

There is no statute of repose for product liability actions in New Mexico.

STRUCTURED SETTLEMENT

There are no exclusive Products Liability statutes under this category.