Iowa Code 619.17 – Contributory fault — burden
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Terms Used In Iowa Code 619.17
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
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
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