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§ 41-4-8 NMSA 1978

Liability; public utilities

Known as the Tort Claims Act

The act spans §§ 41-4-1 to 41-4-9 (31 sections).

Applied in 3 court decisions — leading case Houston Lighting & Power Co. v. Auchan USA, Inc. (1999)

Most recently applied in Evelyn Difelici, f/n/a Evelyn Barnes v. City of Lander (November 2013)

1953 Comp., § 5-14-8, enacted by Laws 1976, ch. 58, § 8.

How often courts cite this section

199920002010201310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

A. The immunity granted pursuant to Subsection A of Section 4 [ 41-4-4 NMSA 1978] of the Tort Claims Act does not apply to liability for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties in the operation of the following public utilities and services: gas; electricity; water; solid or liquid waste collection or disposal; heating; and ground transportation.

B. The liability imposed pursuant to Subsection A of this section shall not include liability for damages resulting from bodily injury, wrongful death or property damage:

(1) caused by a failure to provide an adequate supply of gas, water, electricity or services as described in Subsection A of this section; or

(2) arising out of the discharge, dispersal, release or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.