Iowa Code § 619.17

Current through bills signed by governor as of 4/19/2024
Section 619.17 - Contributory fault - burden

A plaintiff does not have the burden of pleading and proving the plaintiff's freedom from contributory fault. If a defendant relies upon contributory fault of a plaintiff to diminish the amount to be awarded as compensatory damages, the defendant has the burden of pleading and proving fault of the plaintiff, if any, and that it was a proximate cause of the injury or damage. As used in this section, "plaintiff" includes a defendant filing a counterclaim or cross-petition, and the term "defendant" includes a plaintiff against whom a counterclaim or cross-petition has been filed.

Iowa Code § 619.17

C66, 71, 73, 75, 77, 79, 81, § 619.17 84 Acts, ch 1293, §13

Comparative fault; see chapter 668