The Lawletter Vol. 41, No. 2
Fred Shackelford, Senior Attorney, National Legal Research Group
The New Mexico Supreme Court has resolved an issue of first impression in that state: When a product causes personal injury and suit is filed for breach of warranty, what statute of limitations applies? In Badilla v. Wal-Mart Stores East, 2015-NMSC-029, 357 P.3d 936, the plaintiff bought a pair of work boots at a Wal-Mart store. More than three years after he was injured while wearing the boots, he filed a personal injury suit, alleging that the soles of the boots became unglued and caused him to trip on debris.
In New Mexico, tort claims are generally subject to a three-year statute of limitations, N.M. Stat. Ann. § 37-1-8, while claims for breach of warranty under the Uniform Commercial Code ("U.C.C.") are generally subject to a four-year statute of limitations, id. § 55-2-725(1). The plaintiff based his claim on breaches of an express warranty and the implied warranties of merchantability and fitness for a particular purpose. The trial court and court of appeals ruled that the claims were time-barred under the three-year statute of limitations.
On appeal, the Badilla court noted that courts in other states have reached different conclusions as to which statute of limitations should apply. The court outlined the two approaches taken by other courts, as follows:Read More