2018 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 12 - Hazardous Materials Emergency Response
Section 12-12-28 - Good Samaritan law.

Universal Citation: NM Stat § 12-12-28 (2018)
12-12-28. Good Samaritan law.

A. Notwithstanding any provision of law to the contrary, no person who provides assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened release of hazardous materials, or in preventing, cleaning up or disposing or attempting to prevent, clean up or dispose of such release, shall be subject to civil liabilities or penalties of any type.

B. The immunity provided for in Subsection A of this section does not apply to any person:

(1) whose act or omission caused, in whole or in part, the actual or threatened release of hazardous materials and who would otherwise be liable; or

(2) who receives compensation other than reimbursement for out-of-pocket expenses for his services in rendering assistance or advice.

C. Nothing in this section shall be construed to limit or otherwise affect the liability of any person for damages resulting from that person's gross negligence or reckless, wanton or intentional misconduct.

History: 1978 Comp., § 74-4B-10.1, enacted by Laws 1984, ch. 41, § 9; recompiled as § 12-12-28 by Laws 2005, § 22, § 4.

ANNOTATIONS

Recompilations.Laws 2005, ch. 22, § 4 recompiled 74-4B-10.1 NMSA 1978 as 12-12-28 NMSA 1978, effective July 1, 2005.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 57A Am. Jur. 2d Negligence §§ 98, 114, 115.

Construction and application of "Good Samaritan" statutes, 68 A.L.R.4th 294.

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