A. Residents, as a class or otherwise, may bring an action in a court of competent jurisdiction to recover actual and punitive damages for injury resulting from a violation of the Continuing Care Act.
B. The court may award reasonable attorneys' fees and costs to the prevailing party in an action brought under this section.
C. The right of a resident to bring an action pursuant to this section is in addition to any other rights or remedies the resident may have by statute or common law.
History: Laws 1991, ch. 263, ยง 4.
Structure New Mexico Statutes
Chapter 24 - Health and Safety
Section 24-17-1 - Short title.
Section 24-17-2 - Findings and purpose.
Section 24-17-3 - Definitions.
Section 24-17-5 - Contract information.
Section 24-17-6 - Requirements for financial reserves.
Section 24-17-8 - Consumer's guide to continuing care communities.
Section 24-17-10 - Restraint of prohibited acts; remedies.
Section 24-17-11 - Applicability.
Section 24-17-12 - Right to a written transfer policy.
Section 24-17-13 - Right to organize and participate.
Section 24-17-14 - Right to protection against retaliatory conduct.
Section 24-17-15 - Right to civil action for damages.
Section 24-17-16 - Identification and procedures for correction of violations.
Section 24-17-17 - Rules and regulations authorized.
Section 24-17-18 - Report to attorney general; civil action; civil penalties.