New Mexico Animal / Dog Law Questions & Answers

Q: Animal control hit my dog causing him with a serious injury. Then my dog passed away the next day. Could I sue them?

1 Answer | Asked in Animal / Dog Law, Medical Malpractice and Wrongful Death for New Mexico on
Answered on Sep 11, 2018
Peter N. Munsing's answer
A number of issues the biggest of which is all they owe you is the market value of your dog, not the emotional value. I don't see it, but feel free to ask other attorneys

Q: If a person puts their hand in the window of my car or over the top of my convertable and my dog, a Doberman bites them

1 Answer | Asked in Animal / Dog Law and Personal Injury for New Mexico on
Answered on Oct 4, 2016
Peter N. Munsing's answer
Likely no, but report it to your homeowners insurance (& car insurance) just in case--let them deal with it.

If they stuck their hand in, likely you are not guilty of anything, Over the top is a bit different, possibly, depending on what they were doing. Hopefully you don't have a Doberman in a convertible with the top down unattended.

Q: While in my yard, my dog jumped against the brick wall, his head got over, and bit someone. What's my liability?

1 Answer | Asked in Animal / Dog Law and Personal Injury for New Mexico on
Answered on Apr 24, 2016
David Alan Wolf's answer
It appears that New Mexico does not have a dog bite statute in place for strict liability. The dog bite victim will need to show a prior dog bite OR negligence on the part of the dog owner. The victim could argue that you knew or should have known of the dog's aggressiveness and dangerous propensities. Ultimately, it appears that the case will depend on the the facts and the assessment by the Judge or Jury as to negligence (if any) on your part. Many attorneys ultimately shy away from cases...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.