Albuquerque Dog Bite Lawyer

New Mexico does not have a statewide strict-liability dog-bite statute. Owner liability is based on negligence, violation of an animal-control ordinance, or the common-law «one-bite» rule. In Albuquerque, the City Code (ROA 1994 § 9-2) requires owners to keep dogs under control on a leash and prohibits at-large animals on public property. A bite that occurs when the owner violates the leash law, fails to restrain a known-aggressive dog, or otherwise acts negligently is the foundation of a viable claim. El Gringo Law handles dog-bite cases throughout Bernalillo County and across New Mexico.

Albuquerque Dog Bite Law — How Liability Works

Three primary theories of liability apply to dog-bite cases in Albuquerque and across New Mexico:

• Negligence per se (leash law violation): Albuquerque’s animal control ordinance requires restraint. A bite that occurs when an unleashed dog runs at a person off the owner’s property creates a strong negligence claim.
• Common-law «one-bite» / scienter: If the owner knew, or should have known, that the dog had aggressive tendencies (prior bites, snapping, lunging), the owner is liable for foreseeable harm.
• General negligence: Failing to fence the yard, leaving a gate open, allowing children unsupervised access to an unknown dog, or otherwise failing to exercise reasonable care.

You do not need to prove the dog had a prior bite. Knowledge of aggressive tendencies — even without a recorded prior incident — can establish liability. Witnesses, prior animal-control reports, neighborhood complaints, and the dog’s behavior at the scene all become evidence.

What a Dog-Bite Claim Can Recover

• Emergency room and follow-up medical bills
• Reconstructive and plastic surgery for scarring
• Lost wages during recovery
• Pain and suffering
• Emotional distress, especially for child victims
• Future medical care, including PTSD treatment
• Wrongful death damages in fatal attacks