Historically, the state and federal governments were presumed to be immune from liability involving the negligence of government employees. Over time, however, this broad grant of immunity left many injury victims without any way to recover for their injuries, and the injustice of the rule became evident. Thus, the federal and state governments passed a series of laws called “tort claims acts,” under which government entities could be held liable in some situations.
The New Mexico Tort Claims Act allows for those who have been injured due to the negligence of a government employee to recover for their injuries through a New Mexico personal injury lawsuit in many situations. However, a plaintiff must be able to establish that their case fits within an exception to the general grant of immunity.
A recent case discusses the difficulties one plaintiff had when pursuing a case against a police officer she claimed was responsible for causing a car accident.