Iowa Personal Injury Litigation

Chapter 1 Intentional Torts 
§ 1.01 Intent in Torts Cases 
[1] Overview 
[2] Assault 
[3] Battery 
[4] False Imprisonment / False Arrest 
[5] Intentional Infliction of Emotional Distress 
[6] Trespass to Land 
[7] Conversion 
[8] Trespass to Chattels 
§ 1.02 Defenses to Intentional Torts 
[1] Generally 
[2] Consent 
[3] Self-Defense 
[4] Defense of Others 
[5] Defense of Property 
[6] Shopkeeper’s Privilege 
[7] Necessity 
Chapter 2 General Principles of Negligence 
§ 2.01 Standards of Care 
[1] Adults 
[2] Children 
[3] Statutory Standard of Care—Negligence Per Se 
§ 2.02 Concepts of Causation and Duty 
[1] Generally 
[2] Cause in Fact 
[3] Iowa Supreme Court Adoption of Restatement (Third) 
§ 2.03 Proving Negligence 
[1] Generally 
[2] Res Ipsa Loquitur 
Chapter 3 Negligence Defenses-- Iowa Comparative Fault Act (ICFA) 
§ 3.01 Evolution of Iowa Negligence Law 
[1] Pre-Comparative Negligence Era and Adoption of Comparative Fault 
[2] Enactment of Iowa Comparative Fault Act (ICFA) 
§ 3.02 Operation of the IFCA 
[1] Section 668.1—What Conduct is Subject to Comparison? 
[2] Section 668.2—Who is a Party and Eligible to be Given a Percentage of Fault? 
[3] Section 668.3—How Does It Work? 
[a] Generally 
[b] The Effect of Comparative Fault 
[c] Role of the Jury 
[d] Role of the Judge 
[4] Section 668.4—Joint Liability 
[5] Section 668.7—Releases and Partial Settlements 
[a] Generally 
[b] Releases 
[c] Partial Settlements 
[6] Sections 668.5, 668.6—Contribution 
[7] Section 668.8—Tolling of Statute 
Chapter 4 Negligence in Context—Professional Negligence 
§ 4.01 Medical Care Provider Negligence 
[1] General Considerations 
[2] The Standard of Care 
[a] Generally 
[b] Locality Rule 
[3] The Role of Expert Testimony 
[a] Generally 
[b] Expert Testimony Not Always Needed 
[c] Expert Testimony Required 
[i] General Rule 
[ii] Designation of Experts—Iowa Code 
§ 668.11 
[iii] Expert Disclosure Requirements-Iowa Rule of Civil Procedure 1.500(2) 
[iv] Qualifications of Experts: Iowa Code 
§ 147.139 
[v] Certificate of Merit: Iowa Code 
§ 147.140 
[vi] Another Way to Prove Negligence: Res Ipsa Loquitur 
[4] Informed Consent 
[a] Generally 
[b] What is a “Material Risk”? 
[c] Informed Consent Statute 
[5] Statutes of Limitation and Repose 
[a] Generally 
[b] Statutes of Limitation 
[i] The Discovery Rule—Origins in Iowa 
[ii] Statutory Definition of the Discovery Rule 
[iii] A Narrow Reading of the Discovery Rule 
[iv] The Discovery Rule and Causation 
[v] The Discovery Rule in Misdiagnosis Cases 
[vi] The Continuous Treatment Doctrine 
[vii] Fraudulent Concealment Doctrine 
[c] Statutes of Repose 
[i] Generally 
[ii] Foreign Object Exception 
[iii] Fraudulent Concealment Doctrine 
[d] Claims by Minors Under Section 614.1.9.b 
[6] Lost Chance Doctrine 
[7] Collateral Source Rule 
[8] COVID-19 Legislation 
[9] Noneconomic Damages and Attorneys’ Fees 
[a] Cap on Noneconomic Damages 
[b] Court Review of Contingent Fee Contracts 
§ 4.02 Attorney Negligence 
[1] General Standard of Care 
[2] Lawyer-Client Relationship 
[a] Requirement of Privity 
[b] Exception for Estate Beneficiary 
[3] Attorney Conduct and Standard of Care 
[a] Generally 
[b] Expectations of Attorney’s Competence 
[4] Proving Breach of the Standard of Care 
[5] Statute of Limitations 
[6] Causation in Legal Malpractice Cases 
[a] Generally 
[b] Transactional 
[c] Case-Within-a-Case 
[7] Damages 
§ 4.03 Professional Negligence: Others 
[1] Generally 
[2] Educational Malpractice 
[3] Real Estate Brokers 
[4] Accountants 
[5] Engineers 
Chapter 5 Negligence in Context—Motor Vehicle Liability 
§ 5.01 Liability of Operator 
[1] Standard of Care Generally 
[2] Violation of Statutory “Rules of Road” 
[3] Defenses to Violations of Statutes: Emergency and Excuse 
§ 5.02 Statutory Liability of Owner 
[1] Generally 
[2] Consent 
[3] Initial Permission Rule 
[4] Liability of Lessor 
[5] Bona Fide Sale and Transfer of Title 
[6] Other Issues 
§ 5.03 Defenses 
[1] Comparative Negligence 
[2] Failure to Wear Seat Belt 
Chapter 6 Negligence in Context—Premises Liability 
§ 6.01 Traditional Liability Rules 
§ 6.02 Abandonment of Traditional Categories 
§ 6.03 Application of Koenig Standard of Reasonable Care 
[1] Modification of Iowa Civil Jury Instructions 
[2] Judicial Rulings after Koenig 
§ 6.04 Continuing Storm Rule 
§ 6.05 Recreational Use Statute 
§ 6.06 Firefighter’s Rule 
§ 6.07 Trespassers 
§ 6.08 Special Treatment for Child Trespassers 
§ 6.09 Nuisance and Tort Law 
[1] Generally 
[2] Private Nuisance 
[3] Remedies for Private Nuisance 
Chapter 7 Products Liability 
§ 7.01 General Background of Products Liability 
[1] Evolution of Products Liability Doctrine 
[2] The Development of Products Liability in Iowa 
§ 7.02 Manufacturing Defects 
[1] Generally 
[2] Elements of Manufacturing Defect Case 
[a] Generally 
[b] Circumstantial Evidence 
[c] Causation 
[d] Product Defective When Left Defendant’s Control 
§ 7.03 Warning Defects 
[1] Generally 
[2] Point of Sale Warnings 
[a] Basic Duty 
[i] Need for Warning 
[ii] Adequacy of Warning 
[b] Specific Limitations on the Duty to Warn 
[i] Obvious Dangers 
[ii] Sophisticated User Doctrine 
[c] Causation in Warning Cases 
[i] Generally 
[ii] Comment j—the “Heeding Presumption” 
[iii] Cause in Fact and Proximate Cause 
[iv] The “Heeding Presumption”—Part 2 
[d] Warning Intermediary Parties 
[e] Learned Intermediary Doctrine 
[i] Generally 
[ii] Causation in Learned Intermediary Cases 
[3] Post-Sale Duty to Warn 
§ 7.04 Design Defects 
[1] Generally 
[2] The Iowa Supreme Court’s Adoption of the Restatement (Third)’s Test for Design Defect 
[3] Proof of a Reasonable Alternative Design 
[a] Generally 
[b] Is Expert Testimony Always Needed to Prove RAD? 
[c] Optional Equipment Rule 
[d] Conclusion on Expert Testimony 
[c] When is Proof of a RAD Not Required? 
[4] State of the Art 
[a] Generally 
[b] Codification of State of the Art 
[c] Restatement (Third) and State of the Art 
[5] Enhanced Injury 
[a] Theory of Enhanced Liability Injury 
[b] Burden of Proof 
[c] Comparative Fault 
§ 7.05 Warranty Liability in Products Liability Cases 
[1] Express Warranties 
[2] Implied Warranties 
§ 7.06 Liability of Non-Manufacturers 
[1] Generally 
[2] Iowa Code 
§ 613.18 
[3] Judicial Construction of 
§ 613.18: A Tale of Two Cases 
[a] Bingham v. Marshall and Huschart Machinery Co., Inc. 
[b] A.L. ex rel. Limkemann v. Jake’s Fireworks, Inc. 
[c] The Legislative Intent of 
§ 613.18 
[4] Manufacturer 
[5] Designer 
[6] Assembler 
§ 7.07 Evidence of Subsequent Remedial Measures 
§ 7.08 Successor Corporation Liability 
§ 7.09 Asbestos Statute 
§ 7.10 Statues of Limitations and Repose 
[1] Statute of Limitations 
[2] Statute of Repose 
[a] Generally 
[b] Iowa Product Statute of Repose 
[i] General Application 
[ii] Actions by Minors 
[iii] Effect of Misrepresentations 
[iv] Statute of Repose and Contribution 
[v] “Harmful Material” Exception 
[c] Statute of Repose for Improvements to Real Property 
§ 7.11 Defenses 
[1] Generally 
[2] Misuse 
[3] Assumption of the Risk 
Chapter 8 Dramshop Act and Other Liability for Providing Alcohol 
§ 8.01 Dramshop Act and Similar Statutes 
[1] Generally 
[2] History of Dramshop Act in Iowa 
§ 8.02 Parties to Dramshop Actions 
[1] Who is Liable under the Dramshop Act? 
[2] Who Can Bring a Dramshop Act Suit? 
§ 8.03 Elements of a Dramshop Act Claim 
[1] Generally 
[2] “Sold and Served” 
[a] Generally 
[b] Meaning of Sold 
[c] Meaning of Served 
[3] Knowledge of Patron’s Intoxication 
[4] Causation as an Element of Recovery 
[5] Requirement of Notice of Intention to Bring Claim 
[6] Contribution in Dram Shop Cases 
§ 8.04 Defenses to Dramshop Act Causes of Action 
[1] Generally 
[2] Comparative Fault Act Defenses Do Not Apply to Dramshop Act Claims 
[3] Assumption of the Risk 
[4] Complicity 
[5] Proximate Cause as a Defense 
[6] Fireman’s Rule 
[7] Limitation on Noneconomic Damages 
§ 8.05 Other Alcohol Service Causes of Action 
[1] Social Host Liability 
[2] Serving Alcohol to an Underage Person 
Chapter 9 Strict Liability for Animals and Abnormally Dangerous Activities 
§ 9.01 Harm Caused by Wild Animals 
[1] Historical Treatment of Injuries Caused by Wild Animals 
[2] Iowa Courts and Wild Animals 
[3] Defenses 
[4] What is a Wild Animal? 
§ 9.02 Harm Caused by Dogs 
[1] Traditional Treatment of Cases Alleging Injuries Inflicted by Dogs 
[2] Iowa Code 
§ 351.28 
[a] Generally 
[b] Owner of a Dog 
[c] Premises Liability and Landlords 
[d] Evidence 
[e] Causation 
[f] Defenses Under Section 351.28 
[i] Conduct of Plaintiff 
[ii] Indemnity 
[iii] Hydrophobia 
[3] Actions Not Under Section 351.28 
§ 9.03 Harm by Trespassing Animals 
[1] Liability by Statute and Common Law 
[2] Defense for Domesticated Animal Professionals 
§ 9.04 Abnormally Dangerous Activities 
[1] Generally 
[2] Blasting 
[3] Escaping Water 
[4] Underground Tanks and Storage of Fuel 
[5] Transporting Gasoline 
[6] Defenses under Iowa Comparative Fault Act 
Chapter 10 Business Torts 
§ 10.01 Interference with Contractual Relations 
§ 10.02 Interference with Prospective Business Advantage 
§ 10.03 Defamation 
Chapter 11 Governmental Liability and Sovereign Immunity 
§ 11.01 State Governmental Liability and Sovereign Immunity 
[1] Common Law of Sovereign Immunity 
[2] Iowa State Torts Claims Act 
[a] General Scope of Statute 
[b] Procedural Requirements 
[c] When Immunity is Retained 
[d] Discretionary Function 
[e] Damages 
§ 11.02 Municipal Tort Claims Act 
[a] General Terms and Application 
[b] When Immunity is Retained 
Chapter 12 Survival, Wrongful Death, and Loss of Consortium 
§ 12.01 Survival and Wrongful Death 
[1] Common Law of Wrongful Death 
[2] Statutory Authorization for Survival of Actions 
[3] Damages Recoverable in Survival/Wrongful Death 
§ 12.02 Loss of Consortium and Services 
[1] Common Law Recovery for Loss of Services and Support 
[2] Statutory Bases of Recovery 
Chapter 13 Damages 
§ 13.01 Compensatory Damages 
[1] Pecuniary Damages 
[2] Non-Economic Damages 
[a] Pain and Suffering 
[b] Emotional Distress 
[c] Bystander Recovery 
§ 13.02 Other Damage Awards 
[1] Statutes on Damages 
[2] Business Economic Loss 
[3] Punitive Damages