1. a. Contributory fault shall not bar recovery in an action by a claimant to recover
damages for fault resulting in death or in injury to person or property unless the claimant
bears a greater percentage of fault than the combined percentage of fault attributed to the
defendants, third-party defendants and persons who have been released pursuant to section
668.7, but any damages allowed shall be diminished in proportion to the amount of fault
attributable to the claimant.
b. Contributory fault shall not bar recovery in an action by a claimant to recover damages
for loss of services, companionship, society, or consortium, unless the fault attributable to the
person whose injury or death provided the basis for the damages is greater in percentage than
the combined percentage of fault attributable to the defendants, third-party defendants, and
persons who have been released pursuant to section 668.7, but any damages allowed shall
be diminished in proportion to the amount of fault attributable to the person whose injury or
death provided the basis for the damages.
2. In the trial of a claim involving the fault of more than one party to the claim, including
third-party defendants and persons who have been released pursuant to section 668.7,\n\nTue Dec 09 21:57:38 2025 Iowa Code 2026, Chapter 668 (24, 0)
§668.3, LIABILITY IN TORT — COMPARATIVE FAULT 2\n\nthe court, unless otherwise agreed by all parties, shall instruct the jury to answer special
interrogatories or, if there is no jury, shall make findings, indicating all of the following:
a. The amount of damages each claimant will be entitled to recover if contributory fault
is disregarded.
b. The percentage of the total fault allocated to each claimant, defendant, third-party
defendant, person who has been released from liability under section 668.7, and injured
or deceased person whose injury or death provides a basis for a claim to recover damages
for loss of consortium, services, companionship, or society. For this purpose the court may
determine that two or more persons are to be treated as a single party.
3. In determining the percentages of fault, the trier of fact shall consider both the nature
of the conduct of each party and the extent of the causal relation between the conduct and
the damages claimed.
4. The court shall determine the amount of damages payable to each claimant by each
other party, if any, in accordance with the findings of the court or jury.
5. If the claim is tried to a jury, the court shall give instructions and permit evidence and
argument with respect to the effects of the answers to be returned to the interrogatories
submitted under this section.
6. In an action brought under this chapter and tried to a jury, the court shall not discharge
the jury until the court has determined that the verdict or verdicts are consistent with the
total damages and percentages of fault, and if inconsistencies exist the court shall do all of
the following:
a. Inform the jury of the inconsistencies.
b. Order the jury to resume deliberations to correct the inconsistencies.
c. Instruct the jury that it is at liberty to change any portion or portions of the verdicts to
correct the inconsistencies.
7. When a final judgment or award is entered, any party may petition the court for a
determination of the appropriate payment method of such judgment or award. If so petitioned
the court may order that the payment method for all or part of the judgment or award be by
structured, periodic, or other nonlump-sum payments. However, the court shall not order
a structured, periodic, or other nonlump-sum payment method if it finds that any of the
following are true:
a. The payment method would be inequitable.
b. The payment method provides insufficient guarantees of future collectibility of the
judgment or award.
c. Payments made under the payment method could be subject to other claims, past or
future, against the defendant or the defendant’s insurer.
8. In an action brought pursuant to this chapter the court shall instruct the jury to answer
special interrogatories or, if there is no jury, shall make findings on each specific item of
requested or awarded damages indicating that portion of the judgment or decree awarded
for past damages and that portion of the judgment or decree awarded for future damages.
All awards of future damages shall be calculated according to the method set forth in section
624.18.
84 Acts, ch 1293, §3; 86 Acts, ch 1211, §39; 87 Acts, ch 157, §5, 6; 97 Acts, ch 197, §10 – 12, 16
Referred to in §321.445, 657.1, 668.5, 668.6, 668.7, 668.13
\n
Notes of Decisions
Dalarna Farms Vs. Access Energy Coop., 792 N.W.2d 656 (Iowa 2010).
· cites it 31× “Iowa Code § 668.3 . Section 668.3(l)(a) provides contributory fault may act as a bar to recovery “in an action .”
Schwennen v. Abell, 430 N.W.2d 98 (Iowa 1988).
· cites it 24× “493 (owner's liability), the two Schwennen defendants were treated as a single party as permitted by Iowa Code § 668.3 (2)(b). [2] Floyd County is no longer a party to the appeal having settled Mary's claims against it.”
Wilson v. Farm Bureau Mut. Ins. Co., 714 N.W.2d 250 (Iowa 2006).
· cites it 18× “See Iowa Code § 668.3 (1)(&) (2005) (any damages for consortium will be reduced by the percentage of fault attributed to the person who provides the basis for the consortium damages); id.”
Reilly v. Anderson, 727 N.W.2d 102 (Iowa 2006).
· cites it 14× “Iowa Code § 668.3 (1). The CFA also provides that joint and several liability attaches only to those persons — excluding the plaintiff, of course — who are found fifty percent or more at fault.”
Reese v. Werts Corp., 379 N.W.2d 1 (Iowa 1985).
· cites it 11× “This obligation is established in section 668.3. Section 668.3(2) requires the court, unless otherwise agreed by the parties, to use special interrogatories to obtain findings on the claimant’s damages, without regard to contributory fault, and the percentage of total causal…”
Reed v. Chrysler Corp., 494 N.W.2d 224 (Iowa 1992).
· cites it 8× “" Iowa Code § 668.3 (1). These statutes further provide that "[t]he legal requirements of cause in fact and proximate cause apply both to fault as the basis for liability and to contributory fault.”
Schwennen v. Abell, 471 N.W.2d 880 (Iowa 1991).
· cites it 12× “One of those provisions, *886 we said, included Iowa Code section 668.3. Id. at 102-03 . Iowa Code chapter 668 requires the district court to use special verdict forms like the one used here.”
Graber v. City of Ankeny, 616 N.W.2d 633 (Iowa 2000).
· cites it 5× “See Iowa Code § 668.3 (2)(b) (requiring the jury to indicate the percentage of fault assigned to the plaintiff, the defendant, any third-party defendant, and any released party).”
Thomas v. Solberg, 442 N.W.2d 73 (Iowa 1989).
· cites it 10× “See Iowa Code § 668.3 (2)(b). On November 10, 1987, the district court entered judgment against Solberg in the amount of $55,139.”
— Iowa Code § 668.3(1) — 11 cases
— Iowa Code § 668.3(1)(a) — 4 cases
— Iowa Code § 668.3(1)(b) — 1 case
— Iowa Code § 668.3(2) — 14 cases
Graber v. City of Ankeny, 616 N.W.2d 633 (Iowa 2000).
“See Iowa Code § 668.3 (2)(b) (requiring the jury to indicate the percentage of fault assigned to the plaintiff, the defendant, any third-party defendant, and any released party).”
— Iowa Code § 668.3(2)(a) — 5 cases
Schwennen v. Abell, 430 N.W.2d 98 (Iowa 1988).
“493 (owner's liability), the two Schwennen defendants were treated as a single party as permitted by Iowa Code § 668.3 (2)(b). [2] Floyd County is no longer a party to the appeal having settled Mary's claims against it.”
Schwennen v. Abell, 471 N.W.2d 880 (Iowa 1991).
“One of those provisions, *886 we said, included Iowa Code section 668.3. Id. at 102-03 . Iowa Code chapter 668 requires the district court to use special verdict forms like the one used here.”
— Iowa Code § 668.3(2)(b) — 12 cases
Schwennen v. Abell, 430 N.W.2d 98 (Iowa 1988).
“493 (owner's liability), the two Schwennen defendants were treated as a single party as permitted by Iowa Code § 668.3 (2)(b). [2] Floyd County is no longer a party to the appeal having settled Mary's claims against it.”
— Iowa Code § 668.3(3) — 6 cases
— Iowa Code § 668.3(4) — 8 cases
Wilson v. Farm Bureau Mut. Ins. Co., 714 N.W.2d 250 (Iowa 2006).
“See Iowa Code § 668.3 (1)(&) (2005) (any damages for consortium will be reduced by the percentage of fault attributed to the person who provides the basis for the consortium damages); id.”
— Iowa Code § 668.3(5) — 15 cases
Wilson v. Farm Bureau Mut. Ins. Co., 714 N.W.2d 250 (Iowa 2006).
“See Iowa Code § 668.3 (1)(&) (2005) (any damages for consortium will be reduced by the percentage of fault attributed to the person who provides the basis for the consortium damages); id.”
Reilly v. Anderson, 727 N.W.2d 102 (Iowa 2006).
“Iowa Code § 668.3 (1). The CFA also provides that joint and several liability attaches only to those persons — excluding the plaintiff, of course — who are found fifty percent or more at fault.”
Schwennen v. Abell, 471 N.W.2d 880 (Iowa 1991).
“One of those provisions, *886 we said, included Iowa Code section 668.3. Id. at 102-03 . Iowa Code chapter 668 requires the district court to use special verdict forms like the one used here.”
— Iowa Code § 668.3(6) — 2 cases
— Iowa Code § 668.3(8) — 2 cases
— Iowa Code § 668.3(l)(a) — 1 case
— Iowa Code § 668.3(l)(b) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.