New Mexico · Comparative Negligence

New Mexico Comparative Negligence Rule

New Mexico follows a pure comparative rule under Scott v. Rizzo, 96 N.M. 682, 634 P.2d 1234 (1981). Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.

Updated 2026-05-22 · See all 50 states

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Key facts: New Mexico

Rule type
Pure comparative

Claimant can recover at any percentage of fault; damages are reduced proportionally.

How recovery works
Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.
Last verified
2026-05-22
Source type
Primary (court opinion)

Details for New Mexico

Pure comparative negligence adopted judicially by the New Mexico Supreme Court in Scott v. Rizzo. No statutory codification; damages are reduced strictly in proportion to the claimant’s fault.

Related: New Mexico statute of limitations

New Mexico gives you 3 years to file a personal injury lawsuit under N.M. Stat. § 37-1-8.

See the full New Mexico statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed New Mexico attorney before relying on it.

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New Mexico Comparative Negligence FAQ

What comparative negligence rule does New Mexico follow?

New Mexico follows a pure comparative rule under Scott v. Rizzo, 96 N.M. 682, 634 P.2d 1234 (1981). Claimant can recover at any percentage of fault; damages are reduced proportionally. Recovery is allowed at any percentage of fault. Damages are reduced in direct proportion to the claimant's share.

Can I still recover if I was partly at fault for the accident in New Mexico?

Yes. New Mexico uses pure comparative negligence, so you can recover damages even if you were mostly at fault. Your recovery is reduced by your percentage of fault.

How does this affect settlement negotiations in New Mexico?

Insurance adjusters argue percentage of fault to reduce what they pay. Because New Mexico is a pure-comparative state, even a contested-liability case has settlement value; the only question is the size of the discount.

What is the personal injury statute of limitations in New Mexico?

New Mexico gives you 3 years to file a personal injury lawsuit under N.M. Stat. § 37-1-8.

Where can I read the actual rule?

The controlling authority is Scott v. Rizzo, 96 N.M. 682, 634 P.2d 1234 (1981). The full text is available at https://law.justia.com/cases/new-mexico/supreme-court/1981/96-n-m-682.html.

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