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Animals

negligent handling

The owner of a dog or other animal may be liable for negligence in handling the dog when the dog causes personal injury or property damage. Sometimes a plaintiff must show that the owner had knowledge of the dog's dangerous propensities in order for the dog's owner to be liable for negligent handling.

In New Mexico, the liability of a dog owner for injuries or damages caused by their dog is not covered by a specific 'dog bite statute.' Instead, such cases are generally governed by the principles of negligence. To establish a dog owner's liability, the injured party (plaintiff) must typically show that the owner knew or should have known about the dog's dangerous propensities and that the owner failed to take reasonable steps to prevent the dog from causing harm. This is often referred to as the 'one-bite rule,' which suggests that an owner may not be held liable for a dog's first bite or attack if they had no prior knowledge of the dog's aggressive behavior. However, once an owner is aware of the dog's propensity to bite or be dangerous, they have a duty to take reasonable precautions to prevent future incidents. If an owner is found negligent in controlling their dog, they can be held liable for any resulting personal injury or property damage.

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Animals

negligent handling

Individual & Family Legal Plan

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New-Mexico State Code

New-Mexico State Code

Animals

negligent handling

Articles