New Mexico’s Comparative Negligence Rule

New Mexico is one of only a few states to recognize the “comparative negligence” rule. This means that if someone is injured due to the negligence of another, they can still file a lawsuit and receive some compensation, even if they are partially responsible for their own injuries. This is a departure from the traditional “contributory negligence” doctrine that was in place prior to the development of comparative negligence, which said that any person who was even partially responsible for their own injury could not receive any compensation, effectively leaving injured parties without any recourse for their damages.

What Is Comparative Negligence in New Mexico?

In New Mexico, “comparative negligence” means that if a person sustains an injury due to the negligence of someone else, they can still receive some compensation, even if they are partially responsible themselves. The compensation, however, will be reduced by the amount that was their fault. This is in contrast to the traditional “contributory negligence” rule, which prevented any compensation if the injured party had contributed to their own injury in any way.

For example, suppose that a person is walking across a street, but due to distraction or carelessness, steps in front of an automobile. If the driver of the automobile was speeding, or not paying attention, their negligence may have contributed to the accident. If a jury decides that the driver was partially responsible, the injured pedestrian may still receive some compensation, but the amount that they receive may be reduced due to the pedestrian’s own negligence.

What Does It Mean for Plaintiffs in New Mexico?

These rules have a significant impact for plaintiffs in personal injury cases in New Mexico. Prior to the introduction of comparative negligence, New Mexico’s contributory negligence rule meant that any negligence on the part of the plaintiff could result in a complete denial of any compensation, regardless of how significant the injuries they suffered were. This could leave victims of negligent behavior with no means of achieving justice.

By contrast, the adoption of comparative negligence in New Mexico has introduced more balance and fairness into the system by allowing plaintiffs to recover some compensation even if they were partially responsible for their own injuries. In addition, the burden of proof in these cases is shifted onto the defendant to demonstrate how much of the fault lies with the plaintiff, rather than the traditional burden of having to prove their own innocence.

However, it is important to note that the amount of compensation a plaintiff can receive is still subject to the proportion of fault that the jury assigns to each party. In cases where the plaintiff is deemed to be more negligent than the defendant, their compensation may be reduced or even eliminated entirely.

What Does It Mean for Defendants?

The introduction of the comparative negligence rule has also changed the legal landscape for defendants in personal injury cases. Prior to comparative negligence, defendants could largely avoid responsibility for their negligence by blaming the plaintiff for causing their own injury, regardless of the evidence. This changed under the comparative negligence system, where a defendant’s negligence is weighed against the plaintiff’s, which can lead to a more equitable outcome.

At the same time, the comparative negligence system can still be beneficial to defendants if they can show that the plaintiff was substantially more at fault than they were. This can lead to a reduction in total damages or even a complete exoneration if the jury finds that the plaintiff was more than 50% at fault.

In Summary

New Mexico’s comparative negligence law provides a more balanced legal system that allows both plaintiffs and defendants to receive compensation based on the proportion of fault they bear in a personal injury case. It enables plaintiffs who were partially responsible for their own injuries to still receive some form of compensation, whereas defendants can limit their liability by proving that the plaintiff was more at fault. Ultimately, the comparative negligence rule is an important element of the civil justice system in New Mexico and one that provides greater fairness for all parties involved.