New Mexico Forms Library

Decision Information

Decision Content

13-1616. Accident alone not negligence.

            The mere happening of an accident is not evidence that any person was negligent. Neither the fact that damages are claimed due to the accident nor the fact that this lawsuit was filed is evidence of any negligence on the part of any person.

 

USE NOTES

            This is a proper instruction in a tort case and covers the three factors that frequently influence a jury. The basic instruction can be modified and used in other cases.

 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.