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 theamount to be awarded as compensatory damages, the defendant has the burden of pleadingand proving fault of the plaintiff, if any, and that it was a proximate cause of the injury ordamage. As used in this section, 'plaintiff' includes a defendant filing a counterclaim orcross-petition, and the term 'defendant' includes a plaintiff against whom a counterclaim orcross-petition has been filed. [C66, 71, 73, 75, 77, 79, 81, §619.17]84 Acts, ch 1293, §13Comparative fault; see chapter 668 Sat Dec 23 11:19:19 2023 Iowa Code 2024, Section 619.17 (16, 0)
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