What is the New Mexico Negligence Law?
Negligence is a path that many take until the day they fall victim to it. There are several negligence law definitions, but everything leads to the same meaning, ‘careless conduct that injures another person.’ Of all the cases that see the face of court, negligence is the only case that is very hard to prove as a person to acts intentional can claim negligence in court to reduce his or her sentence.
Understanding the Negligence Law Definition
The negligence laws by state differ from one state to another, but the negligence law definition holds the same meaning to all the states. In simple, negligence is a failure to act that causes harm or damage to another person. It is defined as doing what a reasonable person would not do or failing to do what a reasonable person would do.
As per the negligence law definition, a person who commits an act that shouldn’t be done, or omits to do what a person should do is guilty of negligence. But to claim negligence, the victim, also called the plaintiff must prove the four elements of the negligence laws. The negligence laws by state define the four elements as
- Duty of care: The defendant has a duty of care to fulfill towards the plaintiff
- Breach of duty: It happens when the defendant fails to fulfil the duty of care
- Cause: The breach of duty that results in the plaintiff’s injury or damage
- Damage: the genuine hard caused to the plaintiff by the defendant’s negligence
Negligence Law New Mexico
Negligence law New Mexico adopted the comparative negligence doctrine wherein the law attempts to apportion the liability to the party that is most at fault. To make it fair for everyone after the accident, New Mexico negligence law adopted the pure comparative doctrine. New Mexico is one of few states that recognizes pure comparative fault.
As per the New Mexico negligence law, the comparative negligence law states that the court determines each party’s percentage of fault in case of both parties being negligent. According to the pure comparative negligence law in New Mexico, you can seek compensation from the other party unless you are proved to be the only one to blame for your injuries. Under New Mexico negligence law your total compensation is reduced in proportion to your percentage of fault or share of negligence.
Negligence laws by state differ from one state to another, but the punishment for negligence in New Mexico is as severe as other states and according to the New Mexico negligence law.
Punishment for Negligence in New Mexico
The punishment for negligence in New Mexico for breaking the negligence laws by state depends on the severity of the offense and on the verdict by the judge or jury. There are a number of factors an circumstances that led to the seriousness of the crime such as the type of crime, the judge, criminal history if any, willingness for rehabilitation in case the convicted has a criminal history, among others.
As per the negligence law New Mexico, if you have caused the death of another person due to your negligence, you are guilty of criminal negligence. Criminal negligence means that you failed to perceive a considerable risk, that your actions or inaction would result in another person's death. The death caused by criminal negligence is called involuntary manslaughter.
The Punishment for Negligence in New Mexico is as follows:
- Involuntary manslaughter is a fourth-degree felony and is punishable by a substantial fee of not above $5,000, or imprisonment up to eighteen months, or both.
- Negligent arson is considered a fourth-degree felony.