Tort Claims Act
New Mexico · Torts · §§ 41-4-1 to 41-4-9 · 31 sections
Overview
This act governs when governmental units may be held liable in tort, waiving governmental immunity to a defined extent and granting permission to sue on the claims that fall within that waiver. It sets out the scope of liability — including the duty owed for premises and special defects, the treatment of municipalities, school districts, and other public bodies, and a limit on the amount recoverable — while excluding broad categories of conduct from the waiver, among them discretionary decisions, legislative and judicial functions, certain governmental functions, and certain intentional torts; the immunity of individual employees is separately preserved, and liability and workers' compensation insurance are addressed. It also establishes the procedure for pursuing a claim, requiring notice to the governmental unit and commencement of suit on stated terms, and covering legal representation, settlement, an election of remedies between the governmental unit and its employees, and how a resulting judgment is paid and collected.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 144 court decisions.
Most-cited authority: 446 F.3d 1036 - Trask v. Franco
Sections covered
- § 41-4-1 NMSA 1978Short title29 cites
- § 41-4-10 NMSA 1978Liability; health care providers1 cite
- § 41-4-11 NMSA 1978Liability; highways and streets1 cite
- § 41-4-12 NMSA 1978Liability; law enforcement officers23 cites
- § 41-4-13 NMSA 1978Exclusions from waiver of immunity; community ditches or acequias; Sanitary Projects Act associations1 cite
- § 41-4-14 NMSA 1978Defenses
- § 41-4-15 NMSA 1978Statute of limitations11 cites
- § 41-4-16 NMSA 1978Notice of claims7 cites
- § 41-4-16.1 NMSA 1978Civil action; damages incurred while imprisoned; notice to victim
- § 41-4-17 NMSA 1978Exclusiveness of remedy5 cites
- § 41-4-18 NMSA 1978Jurisdiction; appeals; venue3 cites
- § 41-4-19 NMSA 1978Maximum liability2 cites
- § 41-4-2 NMSA 1978Legislative declaration8 cites
- § 41-4-20 NMSA 1978Coverage of risks; insurance2 cites
- § 41-4-21 NMSA 1978Application of act
- § 41-4-22 NMSA 1978Insurance fund
- § 41-4-23 NMSA 1978Public liability fund created; purposes
- § 41-4-24 NMSA 1978Consulting and claims adjusting contracts
- § 41-4-25 NMSA 1978Public liability fund; municipal public liability fund; local public body participation; educational entity participation
- § 41-4-26 NMSA 1978Home rule municipality tort claims ordinances; severability; applicability
- § 41-4-27 NMSA 1978Home rule municipality; joint powers agreements; coverage
- § 41-4-28 NMSA 1978Coverage for liability subject to foreign jurisdiction's law
- § 41-4-29 NMSA 1978Governmental entities; health care students liability coverage; authority to purchase
- § 41-4-3 NMSA 1978Definitions11 cites
- § 41-4-30 NMSA 1978Liability coverage; certain community land grants
- § 41-4-4 NMSA 1978Granting immunity from tort liability; authorizing exceptions27 cites
- § 41-4-5 NMSA 1978Liability; operation or maintenance of motor vehicles, aircraft and watercraft2 cites
- § 41-4-6 NMSA 1978Liability; buildings, public parks, machinery, equipment and furnishings7 cites
- § 41-4-7 NMSA 1978Liability; airports
- § 41-4-8 NMSA 1978Liability; public utilities3 cites
- § 41-4-9 NMSA 1978Liability; medical facilities1 cite
Enacted in other states
Iowa, Maryland, Maine, New Jersey, South Carolina, Texas, Virginia
All New Mexico named statutes →
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