Joint and Several Liability in New Mexico
State-specific overview · Tort Law
New Mexico applies joint and several liability in most cases, but defendants can seek contribution from co-defendants for their proportional share.
How New Mexico treats Joint and Several Liability
New Mexico courts generally allow plaintiffs to recover the full judgment from any defendant, regardless of individual fault percentages. Defendants found liable can pursue contribution claims against other defendants to recover amounts paid beyond their proportional responsibility. The state follows traditional joint and several liability principles without statutory caps or comparative fault limitations that restrict recovery.
The general definition of Joint and Several Liability
Multiple defendants can each be held fully responsible for the entire judgment, not just their share.
When two or more people or companies are sued together for causing harm, the injured person can collect the full amount from any one of them, rather than having to split the recovery among all defendants. This means if you win a $100,000 judgment against three defendants, you can demand all $100,000 from just one of them, and that defendant can then try to recover their fair share from the others. It protects the injured person by ensuring they get paid even if some defendants can't pay.
Read the full Joint and Several Liability entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New Mexico.