Section 41-13-3 - Governmental civil immunity established. - New Mexico Statutes

41-13-3. Governmental civil immunity established.

A governmental entity, a public employee and an immune contractor are not liable for damages arising out of a claim based upon tort, contract or other civil law claim and caused directly or indirectly by the failure or malfunction of computer hardware, computer software, microchip controlled firmware or other equipment affected by the failure to accurately or properly process dates or times if the failure or malfunction:   

A.     occurred before December 31, 2005;   

B.     occurred within the scope of employment of the public employee or within the scope of the contract or the volunteer service program of the immune contractor; and   

C.     was unforeseeable or was foreseeable but the plan or design, or both, for identifying and preventing it was prepared and implemented in good faith and with the exercise of ordinary care.