NEW MEXICO

Negligence / Personal Injury
3 Years Actions must be brought against sureties on official bonds and on bonds of guardians, conservators, personal representatives and persons acting in a fiduciary capacity, within two years after the liability of the principal or the person from whom they are sureties is finally established or determined by a judgment or decree of the court, and for an injury to the person or reputation of any person, within three years. N.M. Stat. Ann. § 37-1-8
Toxic Tort
3 Years Actions must be brought against sureties on official bonds and on bonds of guardians, conservators, personal representatives and persons acting in a fiduciary capacity, within two years after the liability of the principal or the person from whom they are sureties is finally established or determined by a judgment or decree of the court, and for an injury to the person or reputation of any person, within three years. N.M. Stat. Ann. § 37-1-8
Wrongful Death
3 Years

Every action instituted by virtue of the provisions of this and the preceding section must be brought within three years after the cause of action accrues. The cause of action accrues as of the date of death. N.M. Stat. Ann. § 41-2-2

Medical Malpractice
3 Years No claim for malpractice arising out of an act of malpractice which occurred subsequent to the effective date of the Medical Malpractice Act may be brought against a health care provider unless filed within three years after the date that the act of malpractice occurred except that a minor under the full age of six years shall have until his ninth birthday in which to file. This section applies to all persons regardless of minority or other legal disability. N.M. Stat. Ann. § 41-5-13
Malpractice (Other Professions)
For legal malpractice, some dispute exists as to whether SOL is negligence (3 years) or contract (4 years). However, the discovery rule applies regardless.
Products Liability
3 Years

Actions must be brought against sureties on official bonds and on bonds of guardians, conservators, personal representatives and persons acting in a fiduciary capacity, within two years after the liability of the principal or the person from whom they are sureties is finally established or determined by a judgment or decree of the court, and for an injury to the person or reputation of any person, within three years. N.M. Stat. Ann. § 37-1-8

Discovery:

We do not believe that our Supreme Court, in Roberts, intended to foreclose the application of the discovery rule in situations involving product liability actions wherein the injury is not readily attributable to a party's use of a defective product. A majority of state courts that do not have discovery statutes and that have considered this issue, have recognized the applicability of the discovery rule in product liability cases involving disease or other types of latent injuries which are not immediately traceable to the use of a particular product or substance. See 4 Louis R. Frumer and Melvin I. Friedman, Products Liability § 26-04 [2], at 26-39, 26-51 (Cary Stewart Sklaren rev.1998). 

Intentional Torts
years
Fraud
4 Years Those founded upon accounts and unwritten contracts; those brought for injuries to property or for the conversion of personal property or for relief upon the ground of fraud, and all other actions not herein otherwise provided for and specified within four years. N.M. Stat. Ann. § 37-1-4
Municipal Liability/Sovereign Immunity
Limited by statute.
Discovery Rule
Standard Discovery Rule in NM.
Comparative Negligence
Applies
Disabilities
Infants (18th birthday), incompetents, and insane persons are allowed 1 year after termination of disability unless against governmental entity, then minors under 7 have until 9th birthday, otherwise, 2 year limitation applies.
Punitive Damages
In contract of tort where wrongdoer has culpable mental state and conduct rises to willful, wanton, malicious, reckless, oppressive, or fraudulent level.
Other Relevant Information
Parental Immunity: abolished
Consumer Fraud Complaint

New Mexico Office of Attorney General, Consumer Protection Division
http://nmag.gov/office/consumerinfo/default.aspx

(800) 678-1508 (toll-free in New Mexico)
(505) 827-6000 (Santa Fe)
(505) 222-9000 (Albuquerque)
(505)526-2280 (Las Cruces)

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