reglab/housing_qa huggingface dataset:
NM Stat § 40-17-10 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 17 - Extreme Risk Firearm Protection Order|Section 40-17-10 - Relinquishment of firearms.

A. A respondent who receives a temporary or one-year extreme risk firearm protection order shall relinquish all firearms in the respondent's possession, custody or control or subject to the respondent's possession, custody or control in a safe manner to a law enforcement officer, a law enforcement agency or a federal firearms licensee within forty-eight hours of service of the order or sooner at the discretion of the court.B. A law enforcement officer, law enforcement agency or federal firearms licensee that takes temporary possession of a firearm pursuant to this section shall:(1) prepare a receipt identifying all firearms that have been relinquished or taken;(2) provide a copy of the receipt to the respondent;(3) provide a copy of the receipt to the petitioner within seventy-two hours of taking possession of the firearms;(4) file the original receipt with the court that issued the temporary or one-year extreme risk firearm protection order within seventy-two hours of taking possession of the firearms; and(5) ensure that the law enforcement agency retains a copy of the receipt.History: Laws 2020, ch. 5, § 10. ANNOTATIONSEffective dates. — Laws 2020, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
NM Stat § 40-17-11 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 17 - Extreme Risk Firearm Protection Order|Section 40-17-11 - Penalties.

A person who fails to relinquish, or who possesses or has custody or control over, any firearm or who purchases, receives or attempts to purchase, possess or receive any firearm, in violation of a temporary extreme risk firearm protection order or a one-year extreme risk firearm protection order is guilty of a misdemeanor punishable pursuant to Section 31-19-1 NMSA 1978.History: Laws 2020, ch. 5, § 11. ANNOTATIONSEffective dates. — Laws 2020, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
NM Stat § 40-17-13 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 17 - Extreme Risk Firearm Protection Order|Section 40-17-13 - Extreme risk firearm protection orders; firearms return; disposition.

A. Any firearm relinquished in accordance with the Extreme Risk Firearm Protection Order Act shall be returned to the respondent within ten days following the expiration or termination of an extreme risk firearm protection order. B. A respondent shall not be required to acquire any court order granting the return of relinquished firearms. C. The law enforcement agency in possession of the firearms shall conduct a national criminal records check and shall return the firearms if the agency determines that the respondent is not prohibited from possessing firearms pursuant to state or federal law.D. Upon written request of the respondent, the law enforcement agency storing a firearm shall transfer possession of the respondent's firearm to a federally licensed firearms dealer or lawful private party purchaser designated by the respondent; provided that the transfer is the result of a sale, that the transferee is the actual owner of the firearm thereafter and, except in the case of a federally licensed firearms dealer, the law enforcement agency has conducted a national criminal records check and determined that the transferee is not prohibited from possessing a firearm pursuant to state or federal law.E. No fee shall be charged for background checks required pursuant to Subsections C and D of this section. F. The law enforcement agency transferring possession of a firearm to a transferee shall notify the transferee that it is unlawful to transfer or return the firearm to the respondent while the extreme risk firearm protection order is in effect. A transferee who violates this subsection is guilty of a misdemeanor and may be punished pursuant to Section 31-19-1 NMSA 1978.History: Laws 2020, ch. 5, § 13. ANNOTATIONSEffective dates. — Laws 2020, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
NM Stat § 41-1-2 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 1 - Settlements, Releases and Statements|Section 41-1-2 - Settlements, releases and statements; applicability.

The provisions of this act [41-1-1, 41-1-2 NMSA 1978] relating to settlements, releases and statements obtained, by a person whose interest is or may become adverse, from a patient confined in a hospital or sanitarium or being treated by a person licensed to practice the healing arts, shall not apply, if at least five days prior to obtaining the settlement, release or statement, the injured party has signified in writing, by a statement acknowledged before a notary public, who has no interest adverse to the injured party, his willingness that a settlement, release or statement be given. History: 1953 Comp., § 21-11-2, enacted by Laws 1971, ch. 70, § 2. ANNOTATIONSSeverability. — Laws 1971, ch. 70, § 3 provided for the severability of the act if any part or application thereof was held invalid. For attorney to bind client to settlement agreement, the attorney must have specific authority to do so, unless there is an emergency or some overriding reason for enforcing the settlement despite the attorney's lack of specific authority. Bolles v. Smith, 1979-NMSC-019, 92 N.M. 524, 591 P.2d 278.
NM Stat § 41-1A-1 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 1A - Forum Selection and Choice of Law (Repealed.)|Section 41-1A-1 - Repealed.

History: Laws 2016, ch. 34, § 1; repealed by Laws 2016, ch. 34, § 2. ANNOTATIONSRepeals. — Laws 2016, ch. 34, § 2 repealed 41-1A-1 NMSA 1978, as enacted by Laws 2016 ch. 34, § 1, relating to exclusive forum selection and choice of law provisions in health care provider contracts, enforcement, effective July 1, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOnesource.com.
NM Stat § 41-3-3 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 3 - Contribution Among Tortfeasors|Section 41-3-3 - Judgment against one tortfeasor.

The recovery of a judgment by the injured person against one joint tortfeasor does not discharge the other joint tortfeasors. History: 1941 Comp., § 21-120, enacted by Laws 1947, ch. 121, § 3; 1953 Comp., § 24-1-13. ANNOTATIONSSettlement for full damages not bar to suit of other joint tortfeasor. — Where an injured person settles with one tortfeasor for an amount equal to or in excess of the amount of damages, the injured person may pursue recovery from each severally liable tortfeasor without reduction. Wilson v. Galt, 1983-NMCA-074, 100 N.M. 227, 668 P.2d 1104, cert. quashed, 100 N.M. 192, 668 P.2d 308. Effect of appeal on subsequent action. — Where a judgment was rendered against a different defendant which was not satisfied or settled, and was pending on appeal, it could not be urged as satisfaction of any claims of plaintiff against another defendant, nor bar further action by plaintiff against another defendant. Montano v. Williams, 1976-NMCA-017, 89 N.M. 86, 547 P.2d 569, aff'd, 1976-NMSC-022, 89 N.M. 252, 550 P.2d 264. Dismissal of contribution suit. — Where gas company, being sued for injuries sustained in explosion by plaintiffs working on junction box beneath a street intersection, filed third-party complaint against city, alleging that the city knew of the dangerous condition but failed to notify the gas company, and seeking contribution under this act, an error in dismissing the third-party complaint would not affect plaintiffs' verdicts against the gas company. Beal v. Southern Union Gas Co., 1960-NMSC-019, 66 N.M. 424, 349 P.2d 337, 84 A.L.R.2d 1269 (1960). Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Judgments § 685; 74 Am. Jur. 2d Torts § 69. Payment of, or proceeding to collect, judgment against one tortfeasor as release of others, 27 A.L.R. 805, 65 A.L.R. 1087, 166 A.L.R. 1099, 40 A.L.R.3d 1181. 50 C.J.S. Judgments § 761.
NM Stat § 41-3-7 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 3 - Contribution Among Tortfeasors|Section 41-3-7 - Uniformity of interpretation.

This act [41-3-1 to 41-3-8 NMSA 1978] shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it. History: 1941 Comp., § 21-124, enacted by Laws 1947, ch. 121, § 8; 1953 Comp., § 24-1-17.
NM Stat § 41-3-8 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 3 - Contribution Among Tortfeasors|Section 41-3-8 - Short title.

This act [41-3-1 to 41-3-8 NMSA 1978] may be cited as the Uniform Contribution Among Tortfeasors Act. History: 1941 Comp., §21-125, enacted by Laws 1947, ch. 121, § 9; 1953 Comp., § 24-1-18.
NM Stat § 41-3A-2 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 3A - Several Liability|Section 41-3A-2 - Definition.

As used in this act, "person" means any individual or entity of any kind whatsoever. History: Laws 1987, ch. 141, § 2. ANNOTATIONSEffective dates. — Laws 1987, ch. 141 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 1987, 90 days after the adjournment of the legislature. Compiler's notes. — The term "this act" means Laws 1987, ch. 141, which appears as 41-3-2, 41-3A-1, 41-3A-2 and 52-1-10.1 NMSA 1978. Applicability. — Laws 1987, ch. 141, § 5 made this section applicable to all civil actions initially filed on and after July 1, 1987. Law reviews. — For article, "Statutory Adoption of Several Liability in New Mexico: A Commentary and Quasi-Legislative History," see 18 N.M.L. Rev. 483 (1988).
NM Stat § 41-4-7 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4 - Tort Claims|Section 41-4-7 - Liability; airports.

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 airports. B. The liability imposed pursuant to Subsection A of this section shall not include liability for damages due to the existence of any condition arising out of compliance with any federal or state law or regulation governing the use and operation of airports. History: 1953 Comp., § 5-14-7, enacted by Laws 1976, ch. 58, § 7. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Liability for civilian skydiver's or parachutist's injury or death, 95 A.L.R.3d 1280. Air carrier's liability for injury from condition of airport premises, 14 A.L.R.5th 662. Liability of owner of wires, poles, or structures struck by aircraft for resulting injury or damage, 49 A.L.R.5th 659.
NM Stat § 41-4-10 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4 - Tort Claims|Section 41-4-10 - Liability; health care providers.

The immunity granted pursuant to Subsection A of Section 41-4-4 NMSA 1978 does not apply to liability for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees licensed by the state or permitted by law to provide health care services while acting within the scope of their duties of providing health care services. History: 1953 Comp., § 5-14-10, enacted by Laws 1976, ch. 58, § 10; 1977, ch. 386, § 7; 1978, ch. 166, § 2. ANNOTATIONSEmergency clauses. — Laws 1978, ch. 166, § 20 contained an emergency clause and was approved April 6, 1978. "Public employees". — Employees at a community mental health facility regulated by the health and environment department (now department of health) were not "public employees" within the meaning of the Tort Claims Act [41-4-1 through 41-4-27 NMSA 1978] because the regulatory scheme did not give the department the right to control the details of the work of the facility. Armijo v. Department of Health & Env't, 1989-NMCA-043, 108 N.M. 616, 775 P.2d 1333. Health care providers. — The legislature, in partially waiving the state's sovereign immunity, clearly intended to limit "health care providers" to those who cure or prevent impairments of the normal state of the body. M.D.R. v. State ex rel. Human Servs. Dep't, 1992-NMCA-052, 114 N.M. 187, 836 P.2d 106. Law reviews. — For article, "Constitutional Torts and the New Mexico Torts Claims Act," see 13 N.M.L. Rev. 1 (1983). Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Hospitals §§ 15, 38. Liability of private, noncharitable hospital or sanitarium for improper care or treatment of patients, 22 A.L.R. 341, 39 A.L.R. 1431, 124 A.L.R. 186. Immunity from liability for damages in tort of state or governmental unit or agency in operating hospital, 25 A.L.R.2d 203, 18 A.L.R.4th 858. Governmental tort liability for injuries caused by negligently released individual, 6 A.L.R.4th 1155. Liability for wrongful autopsy, 18 A.L.R.4th 858. Physician's liability to third person for prescribing drug to known drug addict, 42 A.L.R.4th 586. Liability of hospital or sanitarium for negligence of physician or surgeon, 51 A.L.R.4th 235. Liability for injury or death allegedly caused by activities of hospital "rescue team", 64 A.L.R.4th 1200. Medical malpractice in performance of legal abortion, 69 A.L.R.4th 875. Liability of hospital for injury to person invited or permitted to accompany patient during emergency room treatment, 90 A.L.R.4th 478. Liability of hospital, physician, or other medical personnel for death or injury from use of drugs to stimulate labor, 1 A.L.R.5th 243. Hospital liability as to diagnosis and care of patients in emergency room, 58 A.L.R.5th 613. Liability of hospital or medical practitioner under doctrine of strict liability in tort, or breach of warranty, for harm caused by drug, medical instrument, or similar device used in treating patient, 65 A.L.R.5th 357. 14 C.J.S. Charities § 58; 20 C.J.S. Counties § 166.
NM Stat § 41-4-13 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4 - Tort Claims|Section 41-4-13 - Exclusions from waiver of immunity; community ditches or acequias; Sanitary Projects Act associations.

All community ditches or acequias, and their public employees acting lawfully and within the scope of their duties, and all associations created pursuant to the Sanitary Projects Act [Chapter 3, Article 29 NMSA 1978] are excluded from the waiver of immunity of liability under Sections 41-4-6 through 41-4-12 NMSA 1978. History: 1953 Comp., § 5-14-12.1, enacted by Laws 1977, ch. 386, § 10; 2006, ch. 54, § 1; 2006, ch. 55, § 1. ANNOTATIONSThe 2006 amendment, effective May 17, 2006, provided that public employees of community ditches or acequias acting lawfully and within the scope of their duties are excluded from the waiver of immunity of liability and changed the statutory reference from Sections 5-14-6 through 5-14-12 NMSA 1953 to Sections 41-4-6 through 41-4-12 NMSA 1978. Laws 2006, ch. 54, § 1 and Laws 2006, ch. 55, §1 enacted identical amendments to this section. The section was set out as amended by Laws 2006, ch. 55, §1. See 12-1-8 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 57 Am. Jur. 2d Municipal, County, School, and State Tort Liability §§ 338 to 427.
NM Stat § 41-4-14 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4 - Tort Claims|Section 41-4-14 - Defenses.

A governmental entity and its public employees may assert any defense available under the law of New Mexico. History: 1953 Comp., § 5-14-13, enacted by Laws 1976, ch. 58, § 13. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 57 Am. Jur. 2d Municipal, County, School, and State Tort Liability §§ 151 to 157, 668.
NM Stat § 41-4-16.1 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4 - Tort Claims|Section 41-4-16.1 - Civil action; damages incurred while imprisoned; notice to victim.

Upon the filing of a civil action by an individual or his personal representative against the state for damages incurred while imprisoned in a state corrections facility, the district court clerk shall issue notice of the filing of that action to the corrections and criminal rehabilitation department [corrections department] which shall forward a copy of the notice to the victim of the crime for which that individual was imprisoned. If the civil action is filed in a federal forum, the individual or personal representative shall issue the required notice to the department. History: Laws 1981, ch. 117, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Law 1981, ch. 73, § 8 provided that all references in law to the corrections and criminal rehabilitation department shall be construed to be references to the corrections department. Expert testimony is required to establish the standard of care for monitoring inmates in prisons. — Where plaintiff, who was an inmate at a county detention center and who was assaulted and raped by three inmates, sued defendants for failing to protect plaintiff from the assault; plaintiff claimed that the area in which plaintiff was assaulted was an architectural blind spot that could not be covered by video surveillance, as well as not being directly monitored by guards, and that jurors could use common knowledge to find that it is negligence to allow inmates in an area that was not properly subject to surveillance or monitoring, either due to the existence of a blind spot or lack of guards; and defendant did not offer any testimony as to the standard of care for monitoring of inmates, jail design, video surveillance or any other factors that underlie those standards; the district court properly granted summary judgment for defendants because expert testimony was required in order for a jury to make a decision regarding the standard of care of the monitoring by prison officials and the mere fact that plaintiff was assaulted did not prove that prison monitoring fell below the required standard of care. Villalobos v. Dona Ana Bd. of Cnty. Comm'rs, 2014-NMCA-044.
NM Stat § 41-4-21 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4 - Tort Claims|Section 41-4-21 - Application of act.

The provisions of the Tort Claims Act shall not affect the provisions of any personnel act, any rules or regulations issued thereunder or any other provision of law governing the employer-employee relationship. History: 1953 Comp., § 5-14-19, enacted by Laws 1976, ch. 58, § 19; 1977, ch. 386, § 16. ANNOTATIONSEmergency clauses. — Laws 1977, ch. 386, § 23 contained an emergency clause and was approved April 8, 1977. Purpose of section. — This section was designed to preserve employment relations between the state, or a subdivision thereof, and its employees. It may not be read to expand Subsection A of 41-4-4 NMSA 1978 and to provide a waiver of immunity to allow an educational malpractice action against a public school board. Rubio ex rel. Rubio v. Carlsbad Mun. School Dist., 1987-NMCA-127, 106 N.M. 446, 744 P.2d 919. Asserting immunity for first time in supreme court permissible. — The right to assert sovereign immunity may be raised for the first time in the supreme court. Sangre de Cristo Dev. Corp., Inc. v. City of Santa Fe, 1972-NMSC-076, 84 N.M. 343, 503 P.2d 323, cert. denied, 411 U.S. 938, 93 S. Ct. 1900, 36 L. Ed. 2d 400 (1973), overruled in part by Hicks v. State, 1975-NMSC-056, 88 N.M. 588, 544 P.2d 1153. Law reviews. — For survey, "Torts: Sovereign and Governmental Immunity in New Mexico," see 6 N.M. L. Rev. 249 (1976). Am. Jur. 2d, A.L.R. and C.J.S. references. — Res ipsa loquitur as applicable in actions for damage to property by the overflow or escape of water, 91 A.L.R.3d 186. Products liability: air guns and BB guns, 94 A.L.R.3d 291.
NM Stat § 41-4-22 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4 - Tort Claims|Section 41-4-22 - Insurance fund.

There is created the "insurance fund" to purchase insurance for the state and its public employees. Any money in the fund not needed to meet expected expenditures for the ensuing month shall be invested by the director of the risk management division with the prior approval of the state board of finance. History: 1953 Comp., § 5-14-20, enacted by Laws 1976, ch. 58, § 20; 1977, ch. 247, § 53.
NM Stat § 41-4-24 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4 - Tort Claims|Section 41-4-24 - Consulting and claims adjusting contracts.

A. Notwithstanding any other provision of law, the risk management division shall: (1) contract, as may be necessary, with a recognized insurance consulting firm to assist in the implementation of the public liability fund; and (2) contract with a recognized insurance claims adjusting firm for the handling of all claims made against the public liability fund. B. No contract shall be entered into pursuant to this section, unless proposals have been sought from two or more qualified firms. Contracts shall be awarded on the basis of cost, financial resources of the firm, service facilities in New Mexico, service reputation and experience. History: 1953 Comp., § 5-14-20.2, enacted by Laws 1977, ch. 386, § 18. ANNOTATIONSEmergency clauses. — Laws 1977, ch. 386, § 23 contained an emergency clause and was approved April 8, 1977.
NM Stat § 41-4-26 (2021)
2021 New Mexico Statutes|Chapter 41 - Torts|Article 4 - Tort Claims|Section 41-4-26 - Home rule municipality tort claims ordinances; severability; applicability.

A. Any provision of an ordinance adopted by a home rule municipality providing for the insurance or self-insurance of tort liability risks of the home rule municipality is declared to be severable if any part or application of such ordinance is held invalid. B. Any home rule municipality which has adopted an ordinance providing for the insurance or self-insurance of any or all of the tort liability risks of the municipality, shall not be eligible to participate in the public liability fund created pursuant to Section 41-4-23 NMSA 1978. C. A home rule municipality which has adopted an ordinance insuring or self-insuring its tort liability risks prior to July 1, 1978 or which has adopted an ordinance after July 1, 1978 insuring or self-insuring its tort liability risks pursuant to Subsection B of Section 41-4-25 NMSA 1978 may elect to be covered by the public liability fund created pursuant to Section 41-4-23 NMSA 1978 for the subsequent calendar years by: (1) giving notice of the repeal of its ordinance to the risk management division prior to December 1 of any calendar year; and (2) paying such assessments as may be determined by the risk management division. Occurrences giving rise to claims arising during any period of time [in] which a home rule municipality had a valid or invalid ordinance insuring or self-insuring its risks shall be governed by the ordinance in effect at the time the claims arose and not by the public liability fund created pursuant to Section 41-4-23 NMSA 1978. History: 1978 Comp., § 41-4-26, enacted by Laws 1978, ch. 166, § 18; 1986, ch. 27, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and it is not part of the law. Cross references. — For home rule municipality, see N.M. Const., art. X, § 6. For risk management division, see 15-7-2 NMSA 1978. Two-year statute of limitations applicable to negligence suit involving public utility's employee. — Section 41-4-15 NMSA 1978 of the Tort Claims Act, allowing two years to bring suit, and not the one-year limitation of 37-1-24 NMSA 1978, which refers to the time for bringing suits in negligence against any city, town or village, or any officers thereof, applies to a suit for negligence of a public employee in the operation of a public utility. Cozart v. Town of Bernalillo, 1983-NMCA-053, 99 N.M. 737, 663 P.2d 713. Am. Jur. 2d, A.L.R. and C.J.S. references. — Governmental liability from operation of zoo, 92 A.L.R.3d 832. Liability of governmental unit for injuries or damage resulting from tree or limb falling onto highway from abutting land, 95 A.L.R.3d 778. Governmental tort liability for detour accidents, 1 A.L.R.5th 163.