Iowa Code » Chapter 619 — PLEADINGS AND MOTIONS
Iowa Code

Iowa Code § 619.17 (2026)

Contributory fault — burden

✓ current as of July 2026
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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

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Notes of Decisions
Cited in 59 cases, 1966–2014 · leading case: Goetzman v. Wichern, 327 N.W.2d 742 (Iowa 1982).
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Goetzman v. Wichern, 327 N.W.2d 742 (Iowa 1982). · cites it 20× “Defendant alleges that the common law doctrine of contributory negligence was codified by the legislature in enacting section 619.17 in 1965. See 1965 Iowa Acts ch.”
Ackerman Ex Rel. Ackerman v. James, 200 N.W.2d 818 (Iowa 1972). · cites it 32× “Defendant moved to strike the amendment alleging the doctrine of last clear chance is without vitality and no longer applicable in view of the enactment of what is now section 619.17, The Code. The change brought about by this enactment, effective July 4, 1965, provides that…”
Cavanaugh v. Jepson, 167 N.W.2d 616 (Iowa 1969). · cites it 18× “Prior to the 1965 enactment of what is now section 619.17, Code of Iowa, a plaintiff seeking recovery for the alleged negligence of another was-^obliged to plead and prove his own conduct did not negligently contribute “in any manner or in any degree” to his injury or damage.”
Schmitt v. Jenkins Truck Lines, Inc., 170 N.W.2d 632 (Iowa 1969). · cites it 8× “Section 619.17, Code, 1966, as amended by Chapter 430, section 1, Acts of the Sixty-first General Assembly, effective July 4, 1965.”
Bauman v. City of Waverly, 164 N.W.2d 840 (Iowa 1969). · cites it 12× “Before the enactment in 1965 of section 619.17, a plaintiff in an action such as this had the burden of pleading and proving his freedom from contributory negligence.”
Sechler v. State, 340 N.W.2d 759 (Iowa 1983). · cites it 8× “He generally claims this finding was not supported by the record, and the State did not meet its burden of proof on the issue of contributory negligence as required by section 619.17 of the Iowa Code. In its finding of fact the trial court generally stated that the decedent was…”
Kester v. Bruns, 326 N.W.2d 279 (Iowa 1982). · cites it 8× “They allege that section 619.17 would deny equal protection of the laws under Iowa Const.”
Robeson v. Dilts, 170 N.W.2d 408 (Iowa 1969). · cites it 8× “Since the enactment of section 619.17, a defendant who relies on plaintiff’s contributory negligence must not only prove such negligence but must prove too it was a proximate cause of the accident.”
Johnson v. Junkmann, 395 N.W.2d 862 (Iowa 1986). · cites it 5× “Iowa Code § 619.17 (emphasis added). This section, while amended as part of the Iowa Comparative Fault Act and intended to provide the means by which the issue of plaintiffs contributory fault is to be raised, clearly anticipates by the use of the word “if” that in certain cases…”
Bradt v. Grell Constr., Inc., 161 N.W.2d 336 (Iowa 1968). · cites it 8× “What we have said in respect to the issues of lookout, lack of proper control and general negligence under the doctrine of res ipsa disposes of defendants' contention the trial court erred in failing to sustain their motion for directed verdict.”
Beyer v. Todd, 601 N.W.2d 35 (Iowa 1999). · cites it 4× “3, and of Iowa Code section 619.17 6 by analogy, suggests that it was defendant Todd’s burden to prove the fault of Comer and Gardner as part of his defense to Beyer’s claim against him.”
Harlan v. Passot, 150 N.W.2d 87 (Iowa 1967). · cites it 8× “Defendant’s appeal presents the question whether chapter 430, section 1, Acts of the Sixty-first General Assembly, effective July 4, 1965, now section 619.17, Code, 1966, operates retrospectively or prospectively.”
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