Contributory fault — burden.
Iowa Code § 619.17
in effect619.17. 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.
[C66, 71, 73, 75, 77, 79, 81, §619.17] 84 Acts, ch 1293, §13 Comparative fault; see chapter 668
Source: Iowa Legislature (legis.iowa.gov)URL: https://www.legis.iowa.gov/docs/code/2026/619.17.pdfFetched: 10/20/2026