This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

Damages Allocation in New Mexico

In New Mexico, comparative fault does not bar recovery but reduces a plaintiff’s damages in proportion to their own negligence. The rule, established in Scott v. Rizzo, 96 N.M. 682 (1981) and codified at N.M. Stat. Ann. § 41-3A-1, applies pure comparative negligence: a plaintiff’s recoverable damages are reduced by the percentage of fault attributed to them. If the plaintiff’s fault exceeds that of all defendants, they may still recover a reduced amount. The statute sets out the governing factors for allocating fault among all parties. The worked example below demonstrates how the formula applies in practice. To estimate your own damages allocation, use the DocketMath calculator with your specific case details.

Governing authority

In New Mexico, the damages allocation rule is set by Scott v. Rizzo, 96 N.M. 682 (1981); N.M. Stat. Ann. § 41-3A-1. The verified packet cites Scott v. Rizzo, 96 N.M. 682 (1981); N.M. Stat. Ann. § 41-3A-1 (https://nmonesource.com/nmos/nmsa/en/item/4439/index.do#!fragment//BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoAvbRABwEtsBaAfX2zhoBMAzZgI1TMAjAEoANMmylCEAIqJCuAJ7QA5KvSEwuBcrVbtCAMp5SAIWUAlAKIAZcwDUAggDkAws4DSAFQCCAJL6AGzMAEZQTOikoIIA7tAKXoq6Ym6KSoLulNT0jIIwAArEhFCghISA).

New Mexico damages allocation: governed by Scott v. Rizzo, 96 N.M. 682 (1981); N.M. Stat. Ann. § 41-3A-1. The verified packet cites Scott v. Rizzo, 96 N.M. 682 (1981); N.M. Stat. Ann. § 41-3A-1 (https://nmonesource.com/nmos/nmsa/en/item/4439/index.do#!fragment//BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoAvbRABwEtsBaAfX2zhoBMAzZgI1TMAjAEoANMmylCEAIqJCuAJ7QA5KvSEwuBcrVbtCAMp5SAIWUAlAKIAZcwDUAggDkAws4DSAFQCCAJL6AGzMAEZQTOikoIIA7tAKXoq6Ym6KSoLulNT0jIIwAArEhFCghISA).

Estimate your own result: every situation has exceptions that can change the outcome. Use the damages allocation calculator to estimate your specific figure.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.