Iowa Products Liability Questionnaire

State:
Multi-State
Control #:
US-Q1034
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a product liability matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

The American Law Institute (ALI) also reinforced the idea of strict liability in product liability cases. In the Restatement (Second) of Torts Section 402a, the ALI states that manufacturers are strictly liable for any injuries caused by a dangerous or defective product they release into the market.

In order to succeed on a claim for strict product liability, a plaintiff must show that: (1) the product was defective (2) when it left the defendant's hand, and that (3) the defect caused the plaintiff's injury.

Iowa is a ?Modified Comparative Fault? state, meaning each party is responsible for damages in proportion to the percentage of fault they caused unless the plaintiff's negligence reaches 51%. This means recovery is either prevented or limited depending on how percent much the driver was at fault for the accident.

Under Iowa statute Iowa Code § 614.1(2), anyone wanting to file a product liability lawsuit must do so within 2 years of sustaining an injury from a defective product. Additionally, there is a ?Discovery Rule? that may come into play in terms of the statute of limitations.

On the IA 126, A will report only the wages and interest income earned while an Iowa resident as Iowa-source income. The interest income earned the last half of the year is not considered Iowa-source income since A was no longer an Iowa resident.

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Iowa Products Liability Questionnaire