Section 41-4-11 - Liability; highways and streets. - New Mexico Statutes

41-4-11. Liability; highways and streets.

A.     The immunity granted pursuant to Subsection A of Section 41-4-4 NMSA 1978 does not apply to liability for damages resulting from bodily injury, wrongful death or property damage caused by the negligence of public employees while acting within the scope of their duties during the construction, and in subsequent maintenance of any bridge, culvert, highway, roadway, street, alley, sidewalk or parking area.   

B.     The liability for which immunity has been waived pursuant to Subsection A of this section shall not include liability for damages caused by:   

(1)     a defect in plan or design of any bridge, culvert, highway, roadway, street, alley, sidewalk or parking area;   

(2)     the failure to construct or reconstruct any bridge, culvert, highway, roadway, street, alley, sidewalk or parking area; or   

(3)     a deviation from standard geometric design practices for any bridge, culvert, highway, roadway, street, alley, sidewalk or parking area allowed on a case-by-case basis for appropriate cultural, ecological, economic, environmental, right-of-way through Indian lands, historical or technical reasons, provided the deviation:   

(a)     is required by extraordinary circumstances;   

(b)     has been approved by the governing authority; and   

(c)     is reasonable and necessary as determined by the application of sound engineering principles taking into consideration the appropriate cultural, ecological, economic, environmental, right-of-way through Indian lands, historical or technical circumstances.