New Mexico Statutes

§ 41-3-2 — Right of contribution; accrual; pro rata share

New Mexico § 41-3-2
JurisdictionNew Mexico
Ch. 41Torts
Art. 3Contribution Among Tortfeasors

This text of New Mexico § 41-3-2 (Right of contribution; accrual; pro rata share) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
N.M. Stat. Ann. § 41-3-2 (2026).

Text

A.The right of contribution exists among joint tortfeasors.
B.A joint tortfeasor is not entitled to a money judgment for contribution until he has by payment discharged the common liability or has paid more than his pro rata share thereof.
C.A joint tortfeasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tortfeasor whose liability to the injured person is not extinguished by the settlement.
D.A pro rata share shall be the portion of the total dollar amount awarded as damages to the plaintiff that is equal to the ratio of each joint tortfeasor's percentage of fault to the total percentage of fault attributed to all joint tortfeasors.

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Legislative History

1941 Comp., § 21-119, enacted by Laws 1947, ch. 121, § 2; 1953 Comp., §

Nearby Sections

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Bluebook (online)
New Mexico § 41-3-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/nm/41-3-2.