Iowa Code » Chapter 668 — LIABILITY IN TORT — COMPARATIVE FAULT
Iowa Code

Iowa Code § 668.1 (2026)

Fault defined

✓ current as of July 2026
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1. As used in this chapter, “fault” means one or more acts or omissions that are in any measure negligent or reckless toward the person or property of the actor or others, or that subject a person to strict tort liability. The term also includes breach of warranty, unreasonable assumption of risk not constituting an enforceable express consent, misuse of a product for which the defendant otherwise would be liable, and unreasonable failure to avoid an injury or to mitigate damages. 2. The legal requirements of cause in fact and proximate cause apply both to fault as the basis for liability and to contributory fault. 84 Acts, ch 1293, §1 See also §619.17

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Notes of Decisions
Cited in 83 cases (5 in the last 5 years), 1948–2025 · leading case: Todd A. Mulhern, Individually & as Rep. of the Est. of Elizabeth M. Von Linden v. Catholic Health Initiatives A/K/A Catholic Health Initiatives Iowa Corp. D/B/A Mercy Franklin Ctr. &/or Mercy Hosp. &/or Mercy Psychiatric Servs., 799 N.W.2d 104 (Iowa 2011).
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Todd A. Mulhern, Individually & as Rep. of the Est. of Elizabeth M. Von Linden v. Catholic Health Initiatives A/K/A Catholic Health Initiatives Iowa Corp. D/B/A Mercy Franklin Ctr. &/or Mercy Hosp. &/or Mercy Psychiatric Servs., 799 N.W.2d 104 (Iowa 2011). · cites it 101× “Iowa Code § 668.1 (1) (emphasis added). Because Von Linden’s fault was submitted under a negligence theory, we must decide whether her act of taking her own life is an “act[] or omission[] that [is] in any measure negligent” within the meaning of section 668.”
Slager v. HWA Corp., 435 N.W.2d 349 (Iowa 1989). · cites it 118× “*351 Iowa Code § 668.1 (1); accord Unif. Comparative Fault Act § 1(b), 12 U.”
Reed v. Chrysler Corp., 494 N.W.2d 224 (Iowa 1992). · cites it 20× “Under the comparative fault Act, Iowa Code § 668.1 (1), fault includes acts or omissions that subject a person to strict liability.”
Coker v. Abell-Howe Co., 491 N.W.2d 143 (Iowa 1992). · cites it 17× “” Iowa Code § 668.1 (1), Uniform Comparative Fault Act § 1(b), 12 U.”
Fell v. Kewanee Farm Equip. Co., 457 N.W.2d 911 (Iowa 1990). · cites it 8× “" Although one might argue that the legislature has made "misuse" an affirmative defense we take no position on this issue at this time. We decline to do so because the issue is not before us and the parties have neither briefed nor argued it.”
Greenwood v. Mitchell, 621 N.W.2d 200 (Iowa 2001). · cites it 8× “See Iowa Code § 668.1 (1) (defining “fault” to include an “unreasonable failure to avoid an injury or to mitigate damages”).”
Benjamin Feld, Larry Feld, & Judith Feld Vs. Luke Borkowski, 790 N.W.2d 72 (Iowa 2010). · cites it 4× “Iowa Code § 668.1 (1) (2005). The legislature has not crafted an exception for contact sports.”
Meyer v. City of Des Moines, 475 N.W.2d 181 (Iowa 1991). · cites it 12× “2d 193, 195 (Iowa 1991) (failure to lose weight after accident constituted unreasonable failure to mitigate damages and was properly assessed as "fault"); Iowa Code § 668.1 (2) ("The legal requirements of cause in fact and proximate cause apply both to fault as the basis for…”
Olson v. Prosoco, Inc., 522 N.W.2d 284 (Iowa 1994). · cites it 4× “Section 668.1 defines fault, for the purposes of applying chapter 668, as “one or more acts or omissions that are in any measure negligent or reckless toward the person or property of the actor or others, or that subject a person to strict tort liability.”
Tratchel v. Essex Grp., Inc., 452 N.W.2d 171 (Iowa 1990). · cites it 4× “Iowa Code section 668.1 defines fault as conduct that is negligent or reckless or subjects a person to strict tort liability or breach of warranty; it is also applicable to acts which constitute a defense to the prohibited conduct.”
State of Iowa v. Terran E. Roache, 920 N.W.2d 93 (Iowa 2018). · cites it 2× “2d 143 , 150 (Iowa 1992) ("We hold that the Iowa legislature adopted the avoidable consequences doctrine as an element of fault in Iowa Code section 668.1."). "Tort theories dealing with fraud and intentional torts are not included in the definition of 'fault' to which chapter…”
Baldwin v. City of Waterloo, 372 N.W.2d 486 (Iowa 1985). · cites it 4× “We believe the trial court correctly ruled that section 668.1(4) is applicable in this case.”
Show all 83 citing cases →
— Iowa Code § 668.1(1) — 14 cases
Slager v. HWA Corp., 435 N.W.2d 349 (Iowa 1989). “*351 Iowa Code § 668.1 (1); accord Unif. Comparative Fault Act § 1(b), 12 U.”
Todd A. Mulhern, Individually & as Rep. of the Est. of Elizabeth M. Von Linden v. Catholic Health Initiatives A/K/A Catholic Health Initiatives Iowa Corp. D/B/A Mercy Franklin Ctr. &/or Mercy Hosp. &/or Mercy Psychiatric Servs., 799 N.W.2d 104 (Iowa 2011). “Iowa Code § 668.1 (1) (emphasis added). Because Von Linden’s fault was submitted under a negligence theory, we must decide whether her act of taking her own life is an “act[] or omission[] that [is] in any measure negligent” within the meaning of section 668.”
Meyer v. City of Des Moines, 475 N.W.2d 181 (Iowa 1991). “2d 193, 195 (Iowa 1991) (failure to lose weight after accident constituted unreasonable failure to mitigate damages and was properly assessed as "fault"); Iowa Code § 668.1 (2) ("The legal requirements of cause in fact and proximate cause apply both to fault as the basis for…”
Reed v. Chrysler Corp., 494 N.W.2d 224 (Iowa 1992). “Under the comparative fault Act, Iowa Code § 668.1 (1), fault includes acts or omissions that subject a person to strict liability.”
Tanberg v. Ackerman Inv. Co., 473 N.W.2d 193 (Iowa 1991).
— Iowa Code § 668.1(2) — 2 cases
Reed v. Chrysler Corp., 494 N.W.2d 224 (Iowa 1992). “Under the comparative fault Act, Iowa Code § 668.1 (1), fault includes acts or omissions that subject a person to strict liability.”
Cook v. State, 476 N.W.2d 617 (Iowa 1991).
— Iowa Code § 668.1(4) — 1 case
Baldwin v. City of Waterloo, 372 N.W.2d 486 (Iowa 1985). “We believe the trial court correctly ruled that section 668.1(4) is applicable in this case.”
— Iowa Code § 668.1(a) — 1 case
Todd A. Mulhern, Individually & as Rep. of the Est. of Elizabeth M. Von Linden v. Catholic Health Initiatives A/K/A Catholic Health Initiatives Iowa Corp. D/B/A Mercy Franklin Ctr. &/or Mercy Hosp. &/or Mercy Psychiatric Servs., 799 N.W.2d 104 (Iowa 2011). “Iowa Code § 668.1 (1) (emphasis added). Because Von Linden’s fault was submitted under a negligence theory, we must decide whether her act of taking her own life is an “act[] or omission[] that [is] in any measure negligent” within the meaning of section 668.”
— Iowa Code § 668.1(l) — 1 case
Todd A. Mulhern, Individually & as Rep. of the Est. of Elizabeth M. Von Linden v. Catholic Health Initiatives A/K/A Catholic Health Initiatives Iowa Corp. D/B/A Mercy Franklin Ctr. &/or Mercy Hosp. &/or Mercy Psychiatric Servs., 799 N.W.2d 104 (Iowa 2011). “Iowa Code § 668.1 (1) (emphasis added). Because Von Linden’s fault was submitted under a negligence theory, we must decide whether her act of taking her own life is an “act[] or omission[] that [is] in any measure negligent” within the meaning of section 668.”
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