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.
[C66, 71, 73, 75, 77, 79, 81, §619.17]
84 Acts, ch 1293, §13
Comparative fault; see chapter 668
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 619 - PLEADINGS AND MOTIONS
Section 619.1 - Nonnecessity for prayer.
Section 619.3 - Exception — limit on pleading extension.
Section 619.4 - Taking files from office.
Section 619.5 - Withdrawal of motion or demurrer.
Section 619.6 - Counterclaim by comaker or surety.
Section 619.7 - Mitigating facts.
Section 619.8 - Necessity to plead.
Section 619.9 - Amount of proof.
Section 619.10 - Evidence under denial.
Section 619.11 - Pleading conveyance.
Section 619.12 - Pleading estate.
Section 619.13 - Injuries to goods.
Section 619.14 - Injuries to real property.
Section 619.15 - Bond — breaches of.
Section 619.16 - Immaterial errors disregarded.
Section 619.17 - Contributory fault — burden.