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IOWA

Negligence / Personal Injury

2 years with Discovery Rule

Wrongful Death

2 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)

2 Years

Products Liability

2 years (REGARDLESS OF THE AGE OF THE INJURED PARTY)

Intentional Torts

2 Years

Municipal Liability/Sovereign Immunity

2 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

1 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.
Where plaintiff seeks punitive damages in action filed on or after July 1st, 1986, court shall instruct jury to answer following questions: (1) Was defendant’s conduct will and wanton, to be proven by preponderance of clear, convincing and satisfactory evidence; (2) was defendants conduct specifically directed at plaintiff. If (1) and (2) both affirmative, all punitive findings go to plaintiff. If (1) affirmative and (2) negative, plaintiff recovers 25% of punitive findings and remaining 75% goes to state fund.

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