When individuals are injured because of the negligence of another party, there is often a way to at least get some sort of relief, whether it be through a personal injury case or an insurance claim. However, this is not necessarily the case when the other party is a governmental entity. All states have some form of governmental immunity that bars civil personal injury lawsuits against the government. This was originally enacted to ensure that the government runs smoothly without being unduly delayed by many, occasionally frivolous lawsuits. However, this bar can cause a serious problem for victims who are left without any recourse after being injured by a negligent government employee or agency.
Although the Tort Claims Act bars many lawsuits, there are still certain waivers that can allow the government to be held liable. First, it is very important that individuals know that if they want to bring a lawsuit against the government in New Mexico, they give notice within 90 days of the event that gave rise to the claim. Furthermore, the case must involve an actor that falls within one of the exceptions to immunity.
In New Mexico, government immunity attaches to governmental actors, such as those that were operating a motor vehicle, aircraft, or watercraft, as well as government agencies like those operating or maintaining a public park or building, operating an airport, or operating a hospital or mental institution. Furthermore, this waiver may apply to injuries or damages that were caused by law enforcement officers who were acting within the scope of their employment.