New Mexico § 52-1-8 - Defenses to action by employee
Full text of New Mexico New Mexico Statutes Annotated § 52-1-8 — Defenses to action by employee, with citation guidance and answers to common questions.
§ 52-1-8. Defenses to action by employee
In an action to recover damages for a personal injury sustained by an employee while
engaged in the line of his duty as such or for death resulting from personal injuries
so sustained in which recovery is sought upon the ground of want of ordinary care
of the employer, or of the officer, agent or servant of the employer, it shall not
be a defense: A. that the employee, either expressly or impliedly, assumed the risk of the hazard
complained of as due to the employer's negligence; B. that the injury or death was caused, in whole or in part, by the want of ordinary
care of a fellow servant; and C. that the injury or death was caused, in whole or in part by the want of ordinary
care of the injured employee where such want of care was not willful. Any employer who has complied with the provisions of the Workers' Compensation Act
relating to insurance or any of the employees of the employer, including management
and supervisory employees, shall not be subject to any other liability whatsoever
for the death of or personal injury to any employee, except as provided in the Workers'
Compensation Act, and all causes of action, actions at law, suits in equity, and proceedings
whatever, and all statutory and common-law rights and remedies for and on account
of such death of, or personal injury to, any such employee and accruing to any and
all persons whomsoever, are hereby abolished except as provided in the Workers' Compensation
Act.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 52-1-8
What does New Mexico Statutes Annotated § 52-1-8 cover?
Section 52-1-8 ("Defenses to action by employee") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 52-1-8?
A common citation format is "New Mexico Statutes Annotated § 52-1-8" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 52-1-8 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.