{"id":373380,"date":"2016-03-31T21:35:19","date_gmt":"2016-04-01T02:35:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/iowa-law\/iowa-negligence-laws.html"},"modified":"2023-01-05T13:30:59","modified_gmt":"2023-01-05T18:30:59","slug":"iowa-negligence-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/iowa-law\/iowa-negligence-laws.html","title":{"rendered":"Iowa Negligence Laws"},"content":{"rendered":"\n
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Iowa Negligence Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Garrett Monteagudo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

We know that we can’t prevent all accidents. The same goes for the unfortunate injuries that can result from them. But what if the accident is genuinely someone else’s fault? If you’re injured in an accident how do you figure out who is at fault, and can you get some restitution from the responsible party? These cases are referred to as negligence claims and are the legal system’s way of determining fault in injury-causing accidents and how much, if anything, they should pay to the injured party.<\/p>\r\n

This is an introduction to negligence laws in Iowa.<\/p>\r\n

Negligence Laws in Iowa<\/h2>\r\n

States can craft their negligence laws<\/a> in different ways, so the law applying to your case may vary depending on your jurisdiction and the specifics of your situation. For example, under Iowa law, your possible recovery may be diminished according to your level of fault in the accident, if any. If your fault is deemed greater than the defendant’s, you may not be able to recover any damages at all. This is known as the modified comparative negligence rule.<\/p>\r\n

The chart below lists the details of Iowa’s negligence statutes.<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/th>\r\n

\u00a7 668 et seq.<\/a> of the Iowa Code<\/p>\r\n<\/td>\r\n<\/tr>

Modified Comparative Negligence<\/p>\r\n<\/th>\r\n

Contributory fault does not bar recovery unless the claimant’s fault is greater than the defendant’s, but if the plaintiff’s fault is less than the defendant’s, the plaintiff’s damages will be reduced in proportion to the plaintiff’s fault<\/p>\r\n<\/td>\r\n<\/tr>

Contributory Negligence — Limit to Plaintiff’s Recovery<\/p>\r\n<\/th>\r\n

–<\/p>\r\n<\/td>\r\n<\/tr>

Contribution Among Tortfeasors<\/p>\r\n<\/th>\r\n

Yes, a right of contribution exists if two or more people are liable upon the same indivisible claim.<\/p>\r\n<\/td>\r\n<\/tr>

Uniform Act<\/p>\r\n<\/th>\r\n

–<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Negligence Cases<\/h2>\r\n

There are several elements of a negligence case<\/a> that a plaintiff must prove for any negligence claim to be successful:<\/p>\r\n