New Mexico Forms Library

Decision Information

Decision Content

13-908. Negligence; definition.

            The term "negligence" may relate either to an act or to a failure to act.

            An act to be negligent must be one which a reasonably prudent person would foresee as involving an unreasonable risk of injury to [himself] [herself] or to another and which such a person, in the exercise of ordinary care, would not do.

            A failure to act to be negligent must be a failure to do an act which one is under a duty to do and which a reasonably prudent person, in the exercise of ordinary care, would do in order to prevent injury to [himself] [herself] or to another.

 

USE NOTES

            A definition of negligence must be used in F.E.L.A. matters and for convenience the definition of Chapter 16 is repeated here.

[As amended, effective November 1, 1991.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.