Contribution Among Tortfeasors

NMSA 1978 ch. 41, art. 3

in effect

NMSA 1978, § 41-3-1 Joint tortfeasors defined

41-3-1. Joint tortfeasors defined For the purposes of this act [41-3-1 to 41-3-8 NMSA 1978] the term "joint tortfeasors" means two or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them. 1941 Comp., § 21-118, enacted by Laws 1947, ch. 121, § 1; 1953 Comp., § 24-1-11.

NMSA 1978, § 41-3-2 Right of contribution; accrual; pro rata share

41-3-2. Right of contribution; accrual; pro rata share A. The right of contribution exists among joint tortfeasors. B. A joint tortfeasor is not entitled to a money judgment for contribution until he has by payment discharged the common liability or has paid more than his pro rata share thereof. C. A joint tortfeasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tortfeasor whose liability to the injured person is not extinguished by the settlement. D. A pro rata share shall be the portion of the total dollar amount awarded as damages to the plaintiff that is equal to the ratio of each joint tortfeasor's percentage of fault to the total percentage of fault attributed to all joint tortfeasors. 1941 Comp., § 21-119, enacted by Laws 1947, ch. 121, § 2; 1953 Comp., § 24-1-12; 1987, ch. 141, § 3.

NMSA 1978, § 41-3-3 Judgment against one tortfeasor

41-3-3. Judgment against one tortfeasor The recovery of a judgment by the injured person against one joint tortfeasor does not discharge the other joint tortfeasors. 1941 Comp., § 21-120, enacted by Laws 1947, ch. 121, § 3; 1953 Comp., § 24-1-13.

NMSA 1978, § 41-3-4 Release; effect on injured person's claim

41-3-4. Release; effect on injured person's claim A release by the injured person of one joint tortfeasor, whether before or after judgment, does not discharge the other tortfeasors unless the release so provides; but reduces the claim against the other tortfeasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid. 1941 Comp., § 21-121, enacted by Laws 1947, ch. 121, § 4; 1953 Comp., § 24-1-14.

NMSA 1978, § 41-3-5 Release; effect on right of contribution

41-3-5. Release; effect on right of contribution A release by the injured person of one joint tortfeasor does not relieve him from liability to make contribution to another joint tortfeasor unless the release is given before the right of the other tortfeasor to secure a money judgment for contribution has accrued, and provides for a reduction, to the extent of the pro rata share of the released tortfeasor, of the injured person's damages recoverable against all the other tortfeasors. 1941 Comp., § 21-122, enacted by Laws 1947, ch. 121, § 5; 1953 Comp., § 24-1-15.

NMSA 1978, § 41-3-6 Indemnity

41-3-6. Indemnity This act [41-3-1 to 41-3-8 NMSA 1978] does not impair any right of indemnity under existing law. 1941 Comp., § 21-123, enacted by Laws 1947, ch. 121, § 6; 1953 Comp., § 24-1-16.

NMSA 1978, § 41-3-7 Uniformity of interpretation

41-3-7. Uniformity of interpretation This act [41-3-1 to 41-3-8 NMSA 1978] shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it. 1941 Comp., § 21-124, enacted by Laws 1947, ch. 121, § 8; 1953 Comp., § 24-1-17.

NMSA 1978, § 41-3-8 Short title

41-3-8. Short title This act [41-3-1 to 41-3-8 NMSA 1978] may be cited as the Uniform Contribution Among Tortfeasors Act. 1941 Comp., §21-125, enacted by Laws 1947, ch. 121, § 9; 1953 Comp., § 24-1-18.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18541/index.doFetched: 10/20/2026