Egan Explains: What You Need to Know About New Mexico Dog Bites

Dogs are often referred to as “man’s best friend”, and for good reason. They provide companionship, joy, and, in some cases, protection. However, even the most docile dog can bite under certain circumstances. In New Mexico, dog bites can lead to complex legal cases, depending on the specifics of the incident. Here’s what you need to know if you’ve been bitten or if your dog has bitten someone.

  1. Strict Liability State

New Mexico follows the “strict liability” rule when it comes to dog bites. This means that dog owners are liable for injuries caused by their pets, even if they had no prior knowledge of the dog being aggressive. Essentially, if your dog bites someone, you are responsible, whether or not the dog has shown previous signs of aggression.

  1. Exceptions to Strict Liability

While the general rule is strict liability, there are exceptions:

  1. If the person bitten was trespassing or committing another crime at the time.
  2. If the person bitten was provoking the dog.
  3. If the dog was defending its owner or another person from an attack.

These exceptions can complicate a dog bite case, making it crucial to consult a knowledgeable attorney if you find yourself involved in such a situation.

  1. Reporting the Incident

In New Mexico, it’s important to report any dog bite to local authorities, especially if the dog might be a rabies risk. Rabies is a deadly disease, and early detection is crucial. The state also keeps records of dog bites, which can be useful in legal situations or for monitoring potentially dangerous dogs.

  1. Seek Medical Attention

Regardless of the severity of the dog bite, it’s crucial to seek medical attention. Some injuries may not be immediately visible or may become more severe over time. In addition, medical records documenting the injury can be vital evidence in any legal proceedings.

  1. Document Everything

If you’ve been bitten, take photographs of your injuries and the location where the incident occurred. If there were witnesses, gather their contact information. Keep a record of medical treatments and any other expenses related to the bite.

  1. Time Limit to File a Claim

New Mexico has a statute of limitations for personal injury claims, including dog bites. Victims typically have three years from the date of the injury to file a lawsuit. However, it’s advisable to act sooner rather than later. Evidence can be lost, and memories can fade, making it challenging to build a strong case as time passes.

  1. Consult with an Experienced Attorney

Dog bite laws in New Mexico can be complex. It’s essential to consult with an experienced dog bite attorney who can guide you through the legal process, ensuring your rights are protected, whether you’re the victim or the dog owner.

Conclusion

At The Law Offices of Kenneth G. Egan, we understand the intricacies of New Mexico’s dog bite laws. If you or a loved one has been affected by a dog bite, we’re here to provide expert guidance and support. Navigating the aftermath of a dog bite can be stressful, but with the right legal team by your side, you can achieve a fair outcome.