STATE OF IOWA COMPENDIUM OF LAW

labeling of the product, or any other alleged defect or failure of whatever natureor kind, based on the theories of strict liability in tort, negligence, or breach of animplied warranty shall not be commenced more than fifteen years after theproduct was first purchased, leased, bailed, or installed for use or consumptionunless expressly warranted for a longer period of time by the manufacturer,assembler, designer, supplier of specifications, seller, lessor, or distributor of theproduct. This subsection shall not affect the time during which a person foundliable may seek and obtain contribution or indemnity from another person whoseactual fault caused a product to be defective. This subsection shall not apply if themanufacturer, assembler, designer, supplier of specifications, seller, lessor, ordistributor of the product intentionally misrepresents facts about the product orfraudulently conceals information about the product and that conduct was asubstantial cause of the claimant's harm.b.(1) The fifteen-year limitation in paragraph "a" shall not apply to the time periodin which to discover a disease that is latent and caused by exposure to a harmfulmaterial, in which event the cause of action shall be deemed to have accrued whenthe disease and such disease's cause have been made known to the person or atthe point the person should have been aware of the disease and such disease'scause. This subsection shall not apply to cases governed by subsection 11 of thissection.(2) As used in this paragraph, "harmful material" means silicone gel breastimplants, which were implanted prior to July 12, 1992; and chemical substancescommonly known as asbestos, dioxins, tobacco, or polychlorinated biphenyls,whether alone or as part of any product; or any substance which is determined topresent an unreasonable risk of injury to health or the environment by the UnitedStates environmental protection agency pursuant to the federal Toxic SubstanceControl Act, 15 U.S.C. § 2601 et seq., or by this state, if that risk is regulated bythe United States environmental protection agency or this state.3.Against sheriff or other public officer. Those against a sheriff or other public officer for thenonpayment of money collected on execution within three years of collection.4.Unwritten contracts — injuries to property — fraud — other actions. Those founded onunwritten contracts, those brought for injuries to property, or for relief on the ground offraud in cases heretofore solely cognizable in a court of chancery, and all other actions nototherwise provided for in this respect, within five years, except as provided by subsections8 and 10.5.Written contracts — judgments of courts not of record — recovery of real property. Thosefounded on written contracts, or on judgments of any courts except those provided for insubsection 6, and those brought for the recovery of real property, within ten years.6.Judgments of courts of record. Those founded on a judgment of a court of record, whetherof this or of any other of the United States, or of the federal courts of the United States,within twenty years, except that a time period limitation shall not apply to an action torecover a judgment for child support, spousal support, or a judgment of distribution ofmarital assets.7.Judgment quieting title. No action shall be brought to set aside a judgment or decreequieting title to real estate unless the same shall be commenced within ten years from andafter the rendition thereof.8.Wages. Those founded on claims for wages or for a liability or penalty for failure to paywages, within two years.5

9.Malpractice.a.Except as provided in paragraph "b", those founded on injuries to the person orwrongful death against any physician and surgeon, osteopathic physician andsurgeon, dentist, podiatric physician, optometrist, pharmacist, chiropractor,physician assistant, or nurse, licensed under chapter 147, or a hospital licensedunder chapter 135B, arising out of patient care, within two years after the date onwhich the claimant knew, or through the use of reasonable diligence should haveknown, or received notice in writing of the existence of, the injury or death forwhich damages are sought in the action, whichever of the dates occurs first, butin no event shall any action be brought more than six years after the date on whichoccurred the act or omission or occurrence alleged in the action to have been thecause of the injury or death unless a foreign object unintentionally left in the bodycaused the injury or death.b.An action subject to paragraph "a" and brought on behalf of a minor who wasunder the age of eight years when the act, omission, or occurrence alleged in theaction occurred shall be commenced no later than the minor's tenth birthday or asprovided in paragraph "a", whichever is later.10.Secured interest in farm products. Those founded on a secured interest in farm products,within two years from the date of sale of the farm products against the secured interest ofthe creditor.11.Improvements to real property. In addition to limitations contained elsewhere in thissection, an action arising out of the unsafe or defective condition of an improvement to realproperty based on tort and implied warranty and for contribution and indemnity, andfounded on injury to property, real or personal, or injury to the person or wrongful death,shall not be brought more than the number of years specified below after the date on whichoccurred the act or omission of the defendant alleged in the action to have been the causeof the injury or death:(1) For an action arising from or related to a nuclear power plant licensed by the UnitedStates nuclear regulatory commission or an interstate pipeline licensed by the federalenergy regulatory commission, fifteen years.(2) For an action arising from or related to residential construction, as defined in section572.1, ten years.(3) For an action arising from or related to any other kind of improvement to real property,eight years.b. Notwithstanding paragraph “a”, an action arising from or related to the intentionalmisconduct or fraudulent concealment of an unsafe or defective condition of animprovement to real property shall not be brought more than fifteen years after the date onwhich occurred the act or omission of the defendant alleged in the action to have been thecause of the injury or death.c. If the unsafe or defective condition is discovered within one year prior to the expirationof the applicable period of repose, the period of repose shall be extended one year.d. This subsection does not bar an action against a person solely in the person's capacity asan owner, occupant, or operator of an improvement to real property.12.Sexual abuse or sexual exploitation by a counselor, therapist, or school employee. An6

action for damages for injury suffered as a result of sexual abuse, as defined in section709.1, by a counselor, therapist, or school employee, as defined in section 709.15, or as aresult of sexual exploitation by a counselor, therapist, or school employee shall be broughtwithin five years of the date the victim was last treated by the counselor or therapist, orwithin five years of the date the victim was last enrolled in or attended the school.13.Public bonds or obligations. Those founded on the cancellation, transfer, redemption, orreplacement of public bonds or obligations by an issuer, trustee, transfer agent, registrar,depository, paying agent, or other agent of the public bonds or obligations, within elevenyears of the cancellation, transfer, redemption, or replacement of the public bonds orobligations.14.County collection of taxes. No time limitation shall apply to an action brought by a countyunder section 445.3 to collect delinquent real property taxes levied on or after April 1,1992.Statutes of ReposeA)Products liability. No action can be brought in a products liability case fifteen (15) yearsafter the product was placed for sale or into service with exceptions for cases where theinjury is a disease that was latent or for cases where there was an express warranty in excessof fifteen (15) years. IOWA CODE § 614.1(2A) (2012).B)Medical Malpractice. With the exception of claims based on a foreign object left in aperson’s body or claims for children less than eight (8) years old at the time of occurrence,no claim for medical malpractice may be brought after six (6) years. IOWA CODE § 614.1(9)(2012).Venue RulesA)Which county an action should be commenced in is set out in IOWA CODE Chapter 616.Generally, venue will be proper in any county where one or more of the defendants isfound; in the county where the real estate that is the subject of the dispute is located; in thecounty in which a contract was to be performed; or in the county where the injury ordamages were sustained by the plaintiff.B)Change of venue. A request by a party for a change of venue is governed by IOWA R. CIV.P. 1.801—1.808 (2012). Grounds for a change of venue exist where the county is a partyto a jury trial; where the judge has an interest in the case; where prejudice or influencewould prevent a fair trial (must be supported by affidavit of movant and three disinterestedpersons); and where the parties have agreed to a change of venue.C)Improper venue. Allegations of improper venue in a case must be raised prior toanswering the petition or be waived. IOWA R. CIV. P. 1.421(2) (2012).7

NEGLIGENCEComparative Fault/Contributory NegligenceA)Contributory negligence is no longer a defense in Iowa. Goetzman v. Wichern, 327 N.W.2d742 (Iowa 1982).B)Comparative fault. If the claimant's fault is not more than the fault of all other partiescombined, then the claimant is allowed to recover, “but any damages allowed shall bediminished in proportion to the amount of fault attributable to the claimant.” IOWA CODE §668.3(1) (2012); 8 IA PRAC § 17.6. For example, if the claimant's fault is found to be40%, and the fault of all other parties is found to be 60%, then claimant shall be allowedto recover 60% of the total damages found. If the claimant is found to be 50% at fault andall other “parties” (combined) also 50% at fault, then claimant can recover 50% of the totaldamages. If, on the other hand, claimant is found to be 51% at fault, and all other “parties”(combined) are 49% at fault, then claimant is barred from any recovery.C)Inapplicability of comparative fault.situations:Comparative fault does not apply to these1)Causes of action where the common law does not recognize negligence as adefense. Kelly v. State Farm Mut. Auto. Ins. Co., 764 F. Supp. 1337 (S.D. Iowa1991).2)Fraud actions or intentional torts. Tratchel v. Essex Group, Inc., 452 N.W.2d 171(Iowa 1990); Carson v. Webb, 486 N.W.2d 278 (Iowa 1992).3)To reduce an award for punitive damages. Godbersen v. Miller, 439 N.W.2d 206(Iowa 1989).4)Dram shop claims. Jamieson v. Harrison, 532 N.W.2d 779 (Iowa 1995).5)Express warranty claims. Flom v. Stahly, 569 N.W.2d 135, 140–41 (Iowa 1997).6)Disability income payments may not be deducted from recovery by plaintiff underStatutory Collateral Source Rule. Cf. Collins v. King, 545 N.W.2d 310 (Iowa 1996).7)A defendant alleging the defense that another party was a sole proximate cause ofthe plaintiff's damages. Baker v. City of Ottumwa, 560 N.W.2d 578, 583 (Iowa1997).8)The Uniform Comparative Fault Act, upon which IOWA CODE Chapter 668 ismodeled, contains comments suggesting that comparative fault does not apply toactions that are “fully contractual in their gravamen.” Uniform Comparative FaultAct, Section 1, Commissioners' Comment; 8 IA PRAC § 17.3.8

Exclusive Remedy – Workers’ Compensation ProtectionsA)In Iowa, workers’ compensation protections are governed by IOWA CODE Chs. 85, 85A,85B, 86 and 87 (2012). “The fundamental reason for the enactment of this legislation is toavoid litigation, lessen the expense incident thereto, minimize appeals, and afford anefficient and speedy tribunal to determine and award compensation under the terms of thisact.” Flint v. City of Eldon, 191 Iowa 845, 849, 183 N.W. 344, 345 (1921).Iowa’s workers compensation law underwent substantial changes in 2017. Consult “2017Ia. Legis. Serv. H.F. 518” to view changes and effective date. A summary of the changesis provided below: Intoxication: a positive drug or alcohol test at the time of the injury now creates arebuttable presumption that the employee was intoxicated and the intoxication wasa substantial factor in causing the injury. Notice: the employee must inform the employer of the injury within 90 days of thetime they knew or should have known the injury is work related. Light duty work: the employer could previously lessen its burden to providetemporary benefits to the injured employee if it offered light duty work within thecompany and the employee refused that work. The employer can now get thisbenefit by offering light duty work outside the company and in a wider geographicarea. Shoulder injuries are no longer considered “body as a whole” injuries, they are nowa scheduled injury, resulting in lower payouts. Benefits previously suspended for refusal to attend an independent medical examare now forfeited. A new section was added offering vocational rehabilitation services to employeeswith shoulder injures.1)Applicability. Iowa law requires the payment of compensation “for any and allpersonal injuries sustained by an employee arising out of and in the course ofemployment.” IOWA CODE § 85.3(1); 15 IA PRAC § 4.1 (2012 ed.). Personal injuryincludes death and disease resulting from personal injury, but excludesoccupational diseases defined in IOWA CODE § 85A.8.2)Proximate cause. The Iowa Supreme Court stated that although it had previouslyused the term proximate cause when discussing disability in workers' compensationcases it observed: “It is accurate to say an injury must proximately cause thedisability, but is not accurate to say the employment must proximately cause theinjury. The injury need only ‘arise out of' the employment—a less onerous standardthan the proximate-cause standard from tort law.” Meyer v. IBP, 710 N.W.2d 213,222 n.4 (Iowa 2006).3)Standard. “Actual work activity at the time of injury is unnecessary. 15 IA PRAC§ 6:1 (2012 ed.). Emphasis is placed on whether the employee is furthering theemployer's business, whether the task is common to the job or outside the usual9

employment duties.” Id. (citing Crowe v. De Soto Consol. Sch. Dist., 246 Iowa 402,405, 68 N.W.2d 63, 65 (1955)).B)Exclusivity. Generally, when an employee is injured and entitled to workers'compensation benefits, the employer is immune from other liability for that injury. Thayerv. State, 653 N.W.2d 595, 602 (Iowa 2002). Exclusivity of the Act need not be pleaded asan affirmative defense in a tort action. Bailey v. Batchelder, 576 N.W.2d 334, 338 (Iowa1998). Intentional torts may be outside the scope of remedies available under the Act.Wilson v. IBP, Inc., 558 N.W.2d 132, 138 (Iowa 1996); 15 IA PRAC § 8:1(2012 ed.).C)Failure to insure. If the employer fails to insure for workers' compensation liability, theemployer loses this immunity and the employee may elect to obtain either workers'compensation benefits or to sue for common law damages. An employee may not file asecond suit if the first is unsuccessful; but an employee can file an action in district courtand in the Division of Workers' Compensation. Up until the point a result is received, theemployee can pursue either alternative. 15 IA PRAC § 8:1 (2012 ed.).D)Rebuttals. In a district court action, the employer can only attempt to rebut presumednegligence and proximate cause, but damages may be contested. Stroup v. Reno, 530N.W.2d 441, 443 (Iowa 1995); 15 IA PRAC § 8:1 (2012 ed.).IndemnificationA)Indemnity is a right which inures to one who discharges a duty owed by him or her, butwhich as between himself or herself and another should have been discharged by the other.10 IA PRAC ch. 70 (2012 ed.). It is a device by which a tortfeasor passes through his orher entire liability to a third party whom the tortfeasor alleges is the real party responsiblefor the injury. Hansen v. Anderson, Wilmarth & Van Der Maaten, 630 N.W.2d 818 (Iowa2001).B)Common law indemnity. Common law indemnity is limited to circumstances where thereis an express contract, vicarious liability, or a breach of an independent duty of theindemnitor to the indemnitee. See State ex rel. Miller v. Philip Morris Inc., 577 N.W.2d401 (Iowa 1998); Daniels v. Hi-Way Truck Equip., Inc., 505 N.W.2d 485, 490 (Iowa 1993).C)Contract. Under a contract for indemnification, the indemnitor promises to hold theindemnitee harmless for loss or damage of some kind. McNally & Nimergood v. NeumannKiewit Constructors, Inc., 648 N.W.2d 564, 570 (Iowa 2002) (citation omitted).Indemnification contracts will not be construed to permit an indemnitee to recover for itsown negligence unless the intention of the parties is clearly and unambiguously expressed.Id. at 571. However, express language relieving the indemnitee of its own negligence isnot required if the words of the agreement clearly import that intent. Id.; 10 IA PRAC §70:7 (2012 ed.). Contractual indemnity is not disfavored and ordinarily will be enforcedaccording to its terms. Pirelli-Armstrong Tire Corp. v. Midwest-Werner & Pfleiderer, Inc.,540 N.W.2d 647, 649 (Iowa 1995).10

Joint and Several LiabilityA)Purpose. The underlying basis for joint and several liability in Iowa is that when thenegligent acts of two or more defendants proximately cause a plaintiff's injury and theinjury is indivisible, the plaintiff may sue the defendants jointly and severally and recoveragainst one or all. McDonald v. Robinson, 207 Iowa 1293, 1295-97, 224 N.W. 820, 82122 (1929).B)Effect of release. Release of one tortfeasor only releases all tortfeasors if the parties sointend. Cmty. Sch. Dist. of Postville, in Allamakee, et al., Cntys. v. Gordon N. Peterson,Inc., 176 N.W.2d 169, 175 (Iowa 1970).C)Modified comparative fault. Iowa’s comparative fault statute modifies the strictrequirement that all tortfeasors be jointly and severally liable by stating that only tortfeasorswho are more than 50% responsible for the negligence claimed will be jointly and severallyliable. IOWA CODE § 668.4 (2012). Further, defendants who have contributed more than50% to the damage of the plaintiff are only jointly and severally liable for the economicdamages, not the non-economic damages.1)D)Exception. Despite the relaxation of the common law rule by IOWA CODE § 668.4,all parties who act in concert to cause the negligence will be held jointly an

Tort claims against the State of Iowa brought under IOWA CODE § 669.1 et seq. must be initiated within two years by filing a notice of the claim with the State Appeal Board. See IOWA CODE § 669.13 (2012). The discovery rule for statute of limitations purposes applies to the time limitation for notices under the State Tort Claims Act.