N.M. Stat. » N.M. Stat. / Chapter 41 / Article 4
New Mexico Statutes

N.M. Stat. § 41-4-7 (2026)

Liability; airports.

✓ current as of May 2026
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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.
                                       ANNOTATIONS

Am. 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.
Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1987–2026 · leading case: Lymon v. Aramark Corp., 728 F. Supp. 2d 1222 (D.N.M. 2010).
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Lymon v. Aramark Corp., 728 F. Supp. 2d 1222 (D.N.M. 2010). · cites it 3× “…in Counts I and II. See NMSA 1978, § 41-4-5 (operation or maintenance of motor vehicles, aircraft, and watercraft), NMSA 1978, § 41-4-7 (operation of airports); NMSA 1978, § 41-4-8 (operation of public utilities); NMSA 1978, § 41-4-9 (operation of medical facilities); NMSA…”
Martinez v. Kaune Corp., 745 P.2d 714 (N.M. Ct. App. 1987). · cites it 4× “In asserting their claim that Section 41-4-6 provides the necessary waiver, plaintiffs ask us to compare that section with Section 41-4-7, which waives immunity for the negligent operation of airports.”
Hill v. Vanderbilt Capital Advisors, LLC, 834 F. Supp. 2d 1228 (D.N.M. 2011). “1978, § 41-4-7 (for negligence in operation of airports); N.”
Sanders v. N.M. Corr. Dep't, 562 P.3d 572 (N.M. 2024). “…or maintenance of any motor vehicles, aircraft, and watercraft); § 41-4-6 (operation or maintenance of any building); § 41-4-7 (operation of airports); § 41-4-8 (operation of public utilities); § 41-4-9 (operation of medical facilities). Only two waivers, Section 41-4-5 and…”
Armendariz v. Santa Fe Cnty. Bd. of Comm'rs, 331 F. Supp. 3d 1245 (D.N.M. 2018). · cites it 2× “DISCUSSION This motion concerns only the claims in the Third Cause of Action brought under the New Mexico Tort Claims Act, NMSA 1978, § 41-4-7 and § 41-4-12 ("Tort Claims Act") against the County Defendants, with these defendants seeking dismissal of those claims because they…”
AerSale, Inc. v. The City of Roswell, New Mexico (D.N.M. 2023). · cites it 15× “They argue that the only two waivers that could potentially apply are the waivers for 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 (1) “in the…”
Maestas v. Medina (N.M. Ct. App. 2011). · cites it 2× “g, § 41-4-5 (waiving immunity for damages from situations where 14 a public employee acting in the scope of his duties is negligent in the operation or 15 maintenance of any motor vehicle, aircraft, or watercraft); § 41-4-7 (waiving 16 immunity for situations arising out of the…”
Damon Lamounte Moore II v. New Mexico Bd. of Bar Examiners & Christine Long (D.N.M. 2026). “§ 41-4-7 (airports); N.M.S.A. § 41-4-8 (public utilities); N.”
— N.M. Stat. § 41-4-7(A) — 1 case
Maestas v. Medina (N.M. Ct. App. 2011). “g, § 41-4-5 (waiving immunity for damages from situations where 14 a public employee acting in the scope of his duties is negligent in the operation or 15 maintenance of any motor vehicle, aircraft, or watercraft); § 41-4-7 (waiving 16 immunity for situations arising out of the…”
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