This information is for general educational purposes only and does not constitute legal advice. Consult a licensed attorney in New Mexico for specific guidance.
Key points about New Mexico waiver law
New Mexico courts generally enforce liability waivers for recreational activities
Waivers must be clear and unambiguous
New Mexico follows comparative fault principles
Waivers cannot release from gross negligence
Drafting considerations for New Mexico
Use clear, specific language about risks
Include assumption of risk provisions
Ensure voluntary consent
Keep the waiver prominent and readable
Frequently asked questions
Are liability waivers enforceable in New Mexico?
Yes. New Mexico courts enforce clear, unambiguous liability waivers for recreational activities.
Can I use a digital waiver in New Mexico?
Yes. New Mexico adopted UETA and recognizes electronic signatures under the federal ESIGN Act.
Does New Mexico's comparative fault system affect waivers?
New Mexico uses pure comparative fault. A valid waiver provides additional protection beyond the comparative fault allocation.
Create ESIGN-compliant waivers for New Mexico
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