N.M. Stat. » N.M. Stat. / Chapter 42 / Article 13
New Mexico Statutes

N.M. Stat. § 42-13-3 (2026)

Definitions.

✓ current as of May 2026
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As used in the Equine Liability Act:

   A. "equine" means a llama, horse, pony, mule, donkey or hinny;

   B. "equine activities" means:

      (1)     equine shows, fairs, competitions, rodeos, gymkhanas, performances or
parades that involve any or all breeds of equines and any of the equine disciplines;
       (2)    training or teaching activities;

       (3)    boarding equines;

       (4)    riding an equine belonging to another whether or not the owner has
received some monetary consideration or other thing of equivalent value for the use of
the equine or is permitting a prospective purchaser of the equine to ride, inspect or
evaluate the equine;

     (5)     rides, shows, clinics, trips, hunts or other equine occasions of any type,
however informal or impromptu, connected with any equine or nonequine group or club;
and

       (6)    equine racing;

    C. "behavior of equine animals" means the propensity of an equine animal to kick,
bite, shy, buck, stumble, bolt, rear, trample, be unpredictable or collide with other
animals, objects or persons;

    D. "llama" means a South American camelid that is an animal of the genus lama,
including llamas, alpacas, guanacos and vicunas; and

   E. "rider" means a person, whether amateur or professional, who is engaged in an
equine activity.

History: Laws 1993, ch. 117, § 3; 1995, ch. 193, § 1.

                                      ANNOTATIONS

The 1995 amendment, effective June 16, 1995, inserted "llama" in Subsection A,
substituted "gymkhanas" for "gymkhana" in Subsection B, deleted "and" at the end of
Subsection C, added Subsection D, and redesignated former Subsection D as
Subsection E.
Notes of Decisions
Cited in 2 cases, 2002–2003 · leading case: Berlangieri v. Running Elk Corp., 48 P.3d 70 (N.M. Ct. App. 2002).
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Berlangieri v. Running Elk Corp., 48 P.3d 70 (N.M. Ct. App. 2002). · cites it 12× “{30} First, the jury should be provided with instructions setting out relevant definitions contained in Section 42-13-3. The definitional instructions need not include alternatives that are not at issue.”
Berlangieri v. Running Elk Corp., 76 P.3d 1098 (N.M. 2003). “See § 42-13-3(C) (defining “ ‘behavior of equine animals’ ” as “the propensity of an equine animal to kick, bite, shy, buck, stumble, bolt, rear, trample, be unpredictable or collide with other animals, objects or persons”).”
— N.M. Stat. § 42-13-3(B)(4) — 1 case
Berlangieri v. Running Elk Corp., 48 P.3d 70 (N.M. Ct. App. 2002). “{30} First, the jury should be provided with instructions setting out relevant definitions contained in Section 42-13-3. The definitional instructions need not include alternatives that are not at issue.”
— N.M. Stat. § 42-13-3(C) — 2 cases
Berlangieri v. Running Elk Corp., 48 P.3d 70 (N.M. Ct. App. 2002). “{30} First, the jury should be provided with instructions setting out relevant definitions contained in Section 42-13-3. The definitional instructions need not include alternatives that are not at issue.”
Berlangieri v. Running Elk Corp., 76 P.3d 1098 (N.M. 2003). “See § 42-13-3(C) (defining “ ‘behavior of equine animals’ ” as “the propensity of an equine animal to kick, bite, shy, buck, stumble, bolt, rear, trample, be unpredictable or collide with other animals, objects or persons”).”
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