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
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
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 , at 26-39, 26-51 (Cary Stewart Sklaren rev.1998).
New Mexico Office of Attorney General, Consumer Protection Division
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