Key Takeaways
- Iowa follows a modified comparative fault system with the 51% rule
- Claimants cannot recover damages if they are 51% or more at fault
- Damages are reduced by the claimant's percentage of fault when below 51%
- Defendants 50% or more at fault are jointly and severally liable for economic damages only
- Non-economic damages (pain and suffering) are allocated by individual fault percentage
Iowa Modified Comparative Fault (51% Rule)
Overview
Iowa follows a modified comparative fault system under Iowa Code Chapter 668. This system determines how fault is allocated and how damages are calculated in personal injury cases.
The 51% Bar Rule
Under Iowa's modified comparative fault:
| Claimant's Fault | Recovery Allowed? | Calculation |
|---|---|---|
| 0-50% | Yes | Damages reduced by fault % |
| 51% or more | No | Completely barred from recovery |
Example Calculations
Scenario 1: Claimant 30% at fault, $100,000 in damages
- Recovery = $100,000 × (100% - 30%) = $70,000
Scenario 2: Claimant 51% at fault, $100,000 in damages
- Recovery = $0 (barred from any recovery)
Joint and Several Liability
Iowa Code Chapter 668 provides specific rules for multiple defendants:
Economic Damages
- Defendants 50% or more at fault are jointly and severally liable for economic damages
- All such defendants can be held responsible for the full amount
Non-Economic Damages
- Each defendant is only responsible for their proportionate share
- No joint and several liability for pain and suffering, etc.
| Damage Type | Defendant 50%+ Fault | Defendant <50% Fault |
|---|---|---|
| Economic | Joint & several | Proportionate only |
| Non-economic | Proportionate only | Proportionate only |
Statutory Basis
Under Iowa Code § 668.3:
"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..."
Exam Tip: Remember the 51% threshold - a claimant who is exactly 51% at fault is completely barred from recovery. At 50% fault, recovery is still possible (reduced by 50%).
Under Iowa's modified comparative fault system, when is a claimant completely barred from recovery?
If a claimant in Iowa is 40% at fault and has $50,000 in damages, how much can they recover?
For which type of damages are defendants 50% or more at fault jointly and severally liable in Iowa?