New Mexico Statutes

N.M. Stat. § 42-13-2 (2026)

Legislative purpose and findings.

✓ current as of May 2026

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The legislature recognizes that persons who participate in or observe equine
activities may incur injuries as a result of the numerous inherent risks involved in such
activities. The legislature also finds that the state and its citizens derive numerous
personal and economic benefits from such activities. It is the purpose of the legislature
to encourage owners, trainers, operators and promoters to sponsor or engage in equine
activities by providing that no person shall recover for injuries resulting from the risks
related to the behavior of equine animals while engaged in any equine activities.

History: Laws 1993, ch. 117, § 2.

ANNOTATIONS

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.

Purpose of Act. — The Equine Liability Act was written to balance the sometimes
competing interests of equine operators and their patrons. Berlangieri v. Running Elk
Corp., 2003-NMSC-024, 134 N.M. 341, 76 P.3d 1098.

Liability releases disallowed. — The policy generally expressed in the Equine Liability
Act and other factors trigger the public policy exception to the general rule that liability
releases for negligence are enforceable. Berlangieri v. Running Elk Corp., 2003-NMSC-
024, 134 N.M. 341, 76 P.3d 1098.

Disallowing liability releases for negligence furthers the purposes of the Equine Liability
Act as expressed in this section. Berlangieri v. Running Elk Corp., 2003-NMSC-024,
134 N.M. 341, 76 P.3d 1098.

Notes of Decisions

Cited in 2 cases, 2002–2003 · leading case: Berlangieri v. Running Elk Corp., 76 P.3d 1098 (N.M. 2003).

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Berlangieri v. Running Elk Corp., 76 P.3d 1098 (N.M. 2003). · cites it 8× “{48} Running Elk cites to NMSA 1978, § 42-13-2 (1993), entitled “Legislative purpose and findings” as support for its contention that upholding the liability release in this ease would not violate the policies of the Equine Liability Act.”

Berlangieri v. Running Elk Corp., 48 P.3d 70 (N.M. Ct. App. 2002). · cites it 4× “" Section 42-13-2. Except as the ELA expressly limits liabilities, it leaves common-law rights and remedies intact, and, therefore, it is to the public policies informing the common law that we must look to determine whether the exculpatory agreement at issue in the present case…”

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