New Mexico Statutes
N.M. Stat. § 42-13-1 (2026)
Short title.
✓ current as of May 2026
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This act [42-13-1 NMSA 1978] may be cited as the "Equine Liability Act".
History: Laws 1993, ch. 117, § 1.
ANNOTATIONS
Cross references. — For prohibition on unlawful tripping of a horse, see 30-18-11
NMSA 1978.
Effective dates. — Laws 1993, ch. 117 contained no effective date provision, but,
pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1993, 90 days after
adjournment of the legislature.Notes of Decisions
Cited in 5
cases (2 in the last 5 years), 2002–2024 · leading case: Berlangieri v. Running Elk Corp., 48 P.3d 70 (N.M. Ct. App. 2002).
Berlangieri v. Running Elk Corp., 48 P.3d 70 (N.M. Ct. App. 2002). “" {8} Defendants moved for summary judgment arguing that they were not liable for Plaintiff's injuries because they were exculpated by the Release and because Plaintiff's injuries were the result of "equine activities," which under the Equine Liability Act, NMSA 1978, §§ 42-13-1…”
Berlangieri v. Running Elk Corp., 76 P.3d 1098 (N.M. 2003). “First, it claimed that the Equine Liability Act, NMSA 1978, §§ 42-13-1 to -5 (1993, as amended through 1995), insulated it from liability because the accident was the result of “equine behavior.”
Akins v. United Steel Workers of Am., 237 P.3d 744 (N.M. 2010). “…as amended through 1997) (Ski Safety Act); NMSA 1978, §§ 41-4-1 to -29 (1976, as amended through 2009) (Tort Claims Act); NMSA 1978, §§ 41-10-1 to -5 (1981, as amended through 1997) (Food Donors Liability Act); NMSA 1978, §§ 41-12-1 to -2 (1989, as enacted through 1997)…”
Peck v. G-Force Gymnastics Acad., LLC (N.M. Ct. App. 2024). “The Court relied on the Equine 4 Liability Act, NMSA 1978, §§ 42-13-1 to -5 (1993, as amended through 1995), 5 which addresses the liability for physical injury of facilities offering horseback 6 riding to the public.”
Peck v. G-Force Gymnastics (N.M. Ct. App. 2024). “See NMSA 1978, §§ 24-15-1 to -14 (1969, as amended through 2023) (Ski Safety Act); §§ 42-13-1 to -5 (Equine Liability Act). Neither statute separately addresses waiver of liability in the context of children participating in these sports.”
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