No person who comes to the aid or rescue of another person by providing care or assistance in good faith at or near the scene of an emergency, as defined in Section 24-10-4 NMSA 1978, shall be held liable for any civil damages as a result of any action or omission by that person in providing that care or assistance, except when liable for an act of gross negligence; but nothing in this section applies to the provision of emergency care or assistance when it is rendered for remuneration or with the expectation of remuneration or is rendered by a person or agent of a principal who was at the scene of the accident or emergency because he or his principal was soliciting business or performing or seeking to perform some services for remuneration.

History: 1953 Comp., § 12-12-3, enacted by Laws 1963, ch. 59, § 1; recompiled as 1953 Comp., § 12-25-3, by Laws 1972, ch. 51, § 9; 1997, ch. 86, § 1.

Cross references. — For medical malpractice generally, see Chapter 41, Article 5 NMSA 1978.

The 1997 amendment, effective June 20, 1997, rewrote this section.

Border patrol agents. — In a suit alleging that border patrol agents negligently caused plaintiff's injuries in the course of extricating him from his vehicle after an accident, the agents were liable for their actions only to the extent a private person, in the same circumstances, would be liable and, under this section, would be liable only for gross negligence, rather than ordinary negligence. Ortiz v. United States Border Patrol, 39 F. Supp. 2d 1321 (D.N.M. 1999).

Law reviews. — For note, "The New Mexico Medico - Legal Malpractice Panel - An Analysis," see 3 N.M.L. Rev. 311 (1973).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Physicians, Surgeons and Other Healers, § 160.

Liability of operator of ambulance service for personal injuries to person being transported, 68 A.L.R.4th 14.

Construction and application of "Good Samaritan" statutes, 68 A.L.R.4th 294.

Rescue doctrine: liability of one who negligently causes motor vehicle accident for injuries to person subsequently attempting to rescue persons or property, 73 A.L.R.4th 737.

65 C.J.S. Negligence § 63(107).