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IOWA

Negligence / Personal Injury

years with Discovery Rule.

Wrongful Death

years with Discovery Rule.

Medical Malpractice

2 years with maximum discovery rule of 6 years from occurrence. SOL applies to minors 8 and older. A minor under 8 has until 10th birthday to file suit. Mentally ill: 1 year from end of disability.

Malpractice (Other Professions)

years

Products Liability

years (Regardless of the age of the injured party)

SOR: 15 years

Intentional Torts

years

Municipal Liability/Sovereign Immunity

years for claims against state, requires written notice to State Appeal Board within those 2 years. Suits against state of Iowa not barred, but notice of claim must be given in two years.

Discovery Rule

SOL runs from date injury is, or should have been discovered.

Comparative Negligence

Plaintiff cannot recover damages if they are 51% or more responsible and damage is diminished by plaintiff’s percent of fault.

Charitable Immunity

Abrogated as to paying hospital patients.

Disabilities

year from removal of disability to commence action. Infants (18th birthday). SOL does not run during absence or concealment of defendant.

Punitive Damages

Clear and convincing evidence that defendant acted with willful or wanton conduct.

Common law generally prevails as to compensatory damage. Multiple or exemplary damages are permitted by statute for waste or malicious or wanton injury to property; for certain deceits by attorneys;for certain violations by rail carriers; for mailicious attachment; for libel and slander; and under common law where malice, recklessness, fraud or gross negligence are proven.

No-Fault Insurance

None

Consumer Fraud Complaint

Iowa Office of the Attorney General, Consumer Protection
http://www.state.ia.us/government/ag/consumer/index.html
(515)281-5926
(515)281-6771 (Fax)
(888)777-4590