Head & brain settlements
in Iowa.
A bar can be responsible when a drunk patron attacks someone. In Iowa a man left with a cranial fracture and permanent brain damage after being kicked in the head won the right to take his dram shop and premises claims to trial.
Facts that decide a head & brain claim in Iowa
| Dram shop liability | A person injured by an intoxicated person has a right of action against a licensee that sold and served alcohol to the intoxicated person.Iowa dram shop statute, as quoted in Pangburn v. Rookies (Iowa Ct. App. 2021) |
|---|---|
| Deadline to sue | Actions “founded on injuries to the person” must be brought within two years.Iowa Code § 614.1(2) |
| Fault rule | Contributory fault does not bar recovery “unless the claimant bears a greater percentage of fault than the combined percentage of fault attributed to the defendants”; damages are reduced by the claimant’s share, so 50% still recovers.Iowa Code § 668.3(1)(a) |
| Seat belt use | Nonuse can reduce damages by up to 25% after comparative fault, and only with substantial evidence it contributed to the injury.Iowa Code § 321.445(4), in the MyClaimWorth seat belt chart |