Are New Mexico Parents Responsible When Their Child Causes an Injury?

You probably found your way here because:

• you were injured or your property was vandalized by child in New Mexico, and you want to know if you can go after the parents for compensation ("damages"), or
• you're a New Mexico parent whose kid caused injuries or property damage, and you're worried you might be facing liability under your state's parental responsibility laws.

Either way, you've come to the right place.

Are New Mexico parents liable (legally responsible) for their child's misconduct? Sometimes, yes, they are. We start with a quick overview of New Mexico's age of majority rule. From there, we explain when New Mexico parents can be forced to pay for a child's wrongdoing, whether parental liability is limited, and what happens when a parent's wrongful acts combine with those of their child to cause harm.

What's the Age of Majority in New Mexico?

As a rule, New Mexico parents are responsible only for the acts of their minor children, meaning those who are younger than New Mexico's age of majority. In New Mexico, as in most states, the age of majority is 18 years. (N.M. Stat. § 28-6-1 (2024).)

Stated more directly, New Mexico's parental responsibility laws only apply to acts that take place before a child's 18th birthday. Children are of legal age beyond that date and, barring exceptional circumstances, their parents no longer can be held responsible for their unlawful acts.

New Mexico's Parental Responsibility Laws

New Mexico's two parental responsibility statutes make parents pay damages when:

• their child's willful or malicious acts cause personal injuries or property damage (the "willful or malicious acts" statute), and
• their child causes an auto accident (the "auto accident" statute).

Both of these statutes are "vicarious liability" laws, meaning they hold parents responsible not for anything they've done wrong, but solely for their child's unlawful conduct.

New Mexico Parents Are Liable for Their Child's Willful or Malicious Acts

Under New Mexico's willful or malicious acts statute, N.M. Stat. § 32A-2-27 (2024), a custodial parent is liable for damages when their child willfully or maliciously:

• injures someone, or
• damages, destroys, or deprives a person of the use of their property.

A child's negligence isn't enough. Under this law, parents aren't responsible for their child's negligent (careless) acts. According to the New Mexico Supreme Court, "willfulness" and "malice" refer to "intentional acts...done without just cause or excuse and in utter disregard for their consequences." (Potomac Ins. Co. v. Torres, 75 N.M. 129, 132 (N.M. 1965).)

Damages are capped at $4,000. Parents are responsible for a victim's "actual damages" to a maximum of $4,000, plus court costs and—in the court's discretion—reasonable attorney's fees.

Damages of just $4,000 seem modest. But keep these points in mind. First, the cap is per person. If a child causes $4,000 worth of personal injuries and property damage to 10 different people, mom and dad could be looking at a tab of well over $40,000.

Second, court costs and attorney's fees add up quickly, particularly when several victims are involved. After a long, drawn-out court fight, fees and costs might equal or exceed the few thousand in damages awarded.

Finally, New Mexico's court of appeals has ruled that actual damages can include pain and suffering. (See Alber v. Nolle, 98 N.M. 100, 106-07 (N.M. Ct. App. 1982).)

Parents' Liability When a Child Causes an Auto Accident

When a New Mexico child applies for a learner's permit or driver's license, the auto accident statute, N.M. Stat. § 66-5-11 (2024), requires that a parent must sign the application. By signing, the parent agrees to assume liability for their child's negligent or willful misconduct while driving. In other words, parents are responsible for damages when their child causes a wreck. (N.M. Stat. § 66-5-11.C (2024).)

Here too, a couple of points deserve attention. Liability under the auto accident statute is much broader, and potentially far more expensive, than under the willful or malicious acts statute. New Mexico's auto accident statute covers wrecks caused by driver negligence, by far the leading cause of traffic accidents. As a practical matter, New Mexico parents are on the hook for any wreck their child causes.

And unlike the willful or malicious acts statute, the auto accident statute doesn't cap parental liability. Parents are responsible for all damages their child causes. If a collision results in moderate or serious injuries, damages in the hundreds of thousands or millions of dollars are possible.

New Mexico Parents Are Responsible for Their Own Misconduct

Until now, we've only talked about parents' vicarious liability for their child's wrongdoing. What happens when a parent's unlawful acts cause harm? Under New Mexico law, when a parent's misconduct combines with their child's wrongdoing to cause personal injury or property damage, each is responsible for their share of the blame.

Here's an example. Sixteen-year-old Amy, with her parents' permission, had an end-of-school-year party in the family's basement. About 30 guests, all high-school students, came to the party. Most of the students (including Amy) drank alcohol. Amy's parents knew the kids were drinking but did nothing to stop them.

When the party ended, Amy asked her mother for the keys to the family car so Amy could drive a friend home. Amy's mother reasoned that it would be OK, because the friend lived just a few blocks away. While en route to her friend's home, Amy lost control of the car and collided with a tree. Amy's friend, Jane, was seriously injured.

Jane and her parents sued Amy and Amy's mother for negligence. As to Amy's mother, they claimed that she negligently failed to supervise the underage party guests and negligently entrusted her car to Amy, knowing Amy was under the influence of alcohol.

After a jury trial, the jurors agreed. They assigned 60% of the blame to Amy and the remaining 40% of the blame to Amy's mother. Jurors assessed Jane's total damages at $1.2 million. Since she was found 40% at fault, Amy's mother is responsible for at least $480,000 in damages.

Note, too, that if Amy's mother signed Amy's application for a driver's license, she's also liable under the auto accident statute (with Amy) for Amy's share of Jane's damages.

Get Help With Your New Mexico Parental Responsibility Case

It's tempting to think that a parental responsibility case should be easy to win. Don't be fooled. Parents often vigorously contest liability, and thorny factual and legal issues frequently arise. Without legal expertise in your corner, you'll be at a real disadvantage.

When it's time to move forward with your case, here's how to find an attorney in your area.