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

Iowa Code § 668.10 (2026)

Governmental exemptions

✓ current as of July 2026
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1. In any action brought pursuant to this chapter, the state or a municipality shall not be assigned a percentage of fault for any of the following:

a. The failure to place, erect, or install a stop sign, traffic control device, or other regulatory sign as defined in the uniform manual for traffic control devices adopted pursuant to section 321.252. However, once a regulatory device has been placed, created, or installed, the state or municipality may be assigned a percentage of fault for its failure to maintain the device.

b. The failure to remove natural or unnatural accumulations of snow or ice, or to place sand, salt, or other abrasive material on a highway, road, or street if the state or municipality establishes that it has complied with its policy or level of service for snow and ice removal or placing sand, salt, or other abrasive material on its highways, roads, or streets.

2. In any action brought pursuant to this chapter, the state shall not be assigned a percentage of fault for contribution unless the party claiming contribution has given the state notice of the claim pursuant to section 669.13. 84 Acts, ch 1293, §10; 2007 Acts, ch 110, §3 \n

Notes of Decisions
Cited in 28 cases (2 in the last 5 years), 1985–2025 · leading case: Metier v. Cooper Transp. Co., Inc., 378 N.W.2d 907 (Iowa 1985).
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Metier v. Cooper Transp. Co., Inc., 378 N.W.2d 907 (Iowa 1985). · cites it 24× “Section 668.10 is entitled “Governmental Exemptions”: and states in part: *912 In any action brought pursuant to this chapter, the state or a municipality shall not be assigned a percentage of fault for any of the following: 1.”
Foster v. City of Council Bluffs, 456 N.W.2d 1 (Iowa 1990). · cites it 38× “Iowa Code § 668.10 (1). The next logical questions are whether and to what extent section 668.”
Saunders Ex Rel. Saunders v. Dallas Cnty., 420 N.W.2d 468 (Iowa 1988). · cites it 36× “Section 668.10 states in part: In any action brought pursuant to this chapter, the state or municipality shall not be assigned a percentage of fault for any of the following: 1.”
Hoskinson v. City of Iowa City, 621 N.W.2d 425 (Iowa 2001). · cites it 24× “Iowa Code § 668.10 (emphasis added). We have interpreted this provision to mean that a city has immunity from liability for a suit based on negligence in its failure to remove “natural or unnatural accumulations of snow or ice” if it meets three requirements: (1) the snow or ice…”
McLain v. State, 563 N.W.2d 600 (Iowa 1997). · cites it 34× “The State claimed it was immune from tort liability, pursuant to Iowa Code section 668.10(1) (1993), for claims of failure to place, erect, or install traffic control devices.”
Cubit v. Mahaska Cnty., 677 N.W.2d 777 (Iowa 2004). · cites it 6× “2d 547, 549 (Iowa 1995) (referring to “the broad scope of the immunities granted by section 668.10(1) and section 668.10(2),” relating to state and municipal immunity regarding installation of traffic devices and removal of snow and ice from the highway); cf.”
Hershberger v. Buena Vista Cnty., 391 N.W.2d 217 (Iowa 1986). · cites it 18× “” We are satisfied that the language of 1984 Iowa Acts chapter 1293, section 15, stating that “[t]his Act, except for section 4, applies to all cases filed on or after July 1, 1984,” is an express declaration of a legislative intent to make the provisions of section 668.10…”
Collister v. City of Council Bluffs, 534 N.W.2d 453 (Iowa 1995). · cites it 18× “” See Iowa Code § 668.10 (1) (1991). Clearly the liability sought to be imposed on the city here was not based on its failure to erect a stop sign.”
Messerschmidt v. City of Sioux City, 654 N.W.2d 879 (Iowa 2002). · cites it 6× “4(3); 2) it could not be assigned a percentage of fault for Mekdara’s fault under Iowa Code section 668.10(1); and 3) it was immune from liability for placement of the barricade under Iowa Code section 670.”
Phillips Ex Rel. Phillips v. City of Waukee, 467 N.W.2d 218 (Iowa 1991). · cites it 16× “The suit alleges the county and city were negligent in failing to maintain 2 adequate traffic devices at and near the intersection.”
Hansen v. State, 528 N.W.2d 547 (Iowa 1995). · cites it 20× “[t]he failure to remove natural or unnatural accumulations of snow or ice, or to place sand, salt, or other abrasive material on a highway, road, or street if the state or municipality establishes that it has complied with its policy or level of service for snow and ice removal…”
Prell v. Wood, 386 N.W.2d 89 (Iowa 1986). · cites it 40× “The fundamental issue in this appeal is whether a “rumble strip” is a “traffic control device” within the meaning of Iowa Code section 668.10 (1985). Section 668.10 exempts a municipality from tort liability for “the failure to place, erect, or install .”
Show all 28 citing cases →
— Iowa Code § 668.10(1) — 16 cases
Metier v. Cooper Transp. Co., Inc., 378 N.W.2d 907 (Iowa 1985). “Section 668.10 is entitled “Governmental Exemptions”: and states in part: *912 In any action brought pursuant to this chapter, the state or a municipality shall not be assigned a percentage of fault for any of the following: 1.”
Foster v. City of Council Bluffs, 456 N.W.2d 1 (Iowa 1990). “Iowa Code § 668.10 (1). The next logical questions are whether and to what extent section 668.”
Saunders Ex Rel. Saunders v. Dallas Cnty., 420 N.W.2d 468 (Iowa 1988). “Section 668.10 states in part: In any action brought pursuant to this chapter, the state or municipality shall not be assigned a percentage of fault for any of the following: 1.”
McLain v. State, 563 N.W.2d 600 (Iowa 1997). “The State claimed it was immune from tort liability, pursuant to Iowa Code section 668.10(1) (1993), for claims of failure to place, erect, or install traffic control devices.”
Messerschmidt v. City of Sioux City, 654 N.W.2d 879 (Iowa 2002). “4(3); 2) it could not be assigned a percentage of fault for Mekdara’s fault under Iowa Code section 668.10(1); and 3) it was immune from liability for placement of the barricade under Iowa Code section 670.”
— Iowa Code § 668.10(1)(a) — 1 case
Gregg Mehlberger v. Johnson Cnty., Iowa (Iowa Ct. App. 2015).
— Iowa Code § 668.10(1)(b) — 2 cases
Monique Rodriguez-Flores & Jaymes Anthony Flores v. City of Des Moines (Iowa Ct. App. 2025).
Helena Dettmer & Terry Stone v. City of Coralville, Iowa (Iowa Ct. App. 2025).
— Iowa Code § 668.10(2) — 7 cases
Hoskinson v. City of Iowa City, 621 N.W.2d 425 (Iowa 2001). “Iowa Code § 668.10 (emphasis added). We have interpreted this provision to mean that a city has immunity from liability for a suit based on negligence in its failure to remove “natural or unnatural accumulations of snow or ice” if it meets three requirements: (1) the snow or ice…”
Cubit v. Mahaska Cnty., 677 N.W.2d 777 (Iowa 2004). “2d 547, 549 (Iowa 1995) (referring to “the broad scope of the immunities granted by section 668.10(1) and section 668.10(2),” relating to state and municipal immunity regarding installation of traffic devices and removal of snow and ice from the highway); cf.”
Terri Rivera v. Woodward Resource Ctr. & State of Iowa, 830 N.W.2d 724 (Iowa 2013).
Hansen v. State, 528 N.W.2d 547 (Iowa 1995). “[t]he failure to remove natural or unnatural accumulations of snow or ice, or to place sand, salt, or other abrasive material on a highway, road, or street if the state or municipality establishes that it has complied with its policy or level of service for snow and ice removal…”
Feltes v. State, 385 N.W.2d 544 (Iowa 1986).
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