What happens when your dog bites someone in New Mexico? Who takes liability for the incident? In what circumstances will you have to pay the penalty for the incidence? The state of New Mexico does not have a specific dog bite liability statute. According to AllLaw, the courts follow the rules set in some of the previous cases.
When your dog bites someone, the court will use a combination of negligence rules and the one-bite rule to decide the outcome of the case. The one-bite law helps to tell if you were aware that your dog was aggressive. If there is evidence of a previous instance of aggressiveness by your dog to another person while you knew about it, the law will be against you.
However, the case only applies if your dog was previously aggressive to another person, not another animal. On the other hand, the negligence rules that the court applies focuses on the actions that you took to prevent an imminent attack by your dog that results in injury. The victim needs to prove that you knew that your dog was aggressive but did not prevent it from attacking.
The laws of New Mexico allow you to defend yourself from dog bite cases in several ways. You may choose to argue that you did not know your dog was aggressive or that its aggressiveness was not towards people. You may as well say that the victim was trespassing if that was the situation at the time of injury. The liability for property owners in a trespassing injury case uses the same principles of a negligence case.
Dog bite cases in New Jersey have a three-year deadline. If the victim does not present the case within this timeframe, it will exceed the statute of limitations and will no longer be admissible in court.