619.17 - CONTRIBUTORY FAULT -- BURDEN.
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.
Section History: Early Form [C66, 71, 73, 75, 77, 79, 81, § 619.17]
Section History: Recent Form 84 Acts, ch 1293, § 13 Comparative fault; see chapter 668