In an action by an employee against an employer, or by a passenger against a common carrier to recover for negligence, plaintiff need not plead or prove freedom from contributory negligence, but defendant may plead and prove contributory negligence in mitigation of damages.
Rule 1.416.Negligence; mitigation
Division IV: Pleadings and Motions · Last amended February 15, 2002 · Last verified July 15, 2026
In one sentenceRule 1.416 relieves an employee suing an employer, or a passenger suing a common carrier, from having to plead or prove freedom from contributory negligence, while still letting the defendant plead and prove the plaintiff's contributory negligence to reduce damages.
Full Text of Rule 1.416
Plain-English Summary
Rule 1.416 shifts a pleading burden in two specific relationships: an action by an employee against an employer, and an action by a passenger against a common carrier, both brought to recover for negligence. In either case, the plaintiff does not have to plead or prove freedom from contributory negligence as part of the case in chief — that burden does not fall on the plaintiff in these two settings.
The defendant is not shut out of the contributory-negligence issue entirely, though. Rule 1.416 lets the defendant plead and prove the plaintiff's contributory negligence, but only for the purpose of mitigating damages, rather than as a complete bar the plaintiff must first disprove.
Frequently Asked Questions
Does an injured employee have to prove they weren't at fault before suing their employer?
No. Rule 1.416 relieves an employee suing an employer for negligence from having to plead or prove freedom from contributory negligence.
Does this rule apply outside the employee-employer and passenger-carrier relationships?
Rule 1.416 specifically names an action by an employee against an employer and an action by a passenger against a common carrier — it does not extend the same pleading relief to negligence actions generally.
Can the employer still raise the employee's own negligence?
Yes. The defendant may plead and prove the plaintiff's contributory negligence, though only in mitigation of damages rather than as a bar to recovery.
What is the effect of the employer proving contributory negligence under this rule?
It mitigates, or reduces, the damages the plaintiff can recover, rather than defeating the claim outright.
Does a passenger suing a bus or train company get the same benefit as an employee?
Yes. Rule 1.416 groups a passenger's negligence action against a common carrier together with an employee's action against an employer for this purpose.
Source & verification. Rule text and the Comment are
reproduced verbatim from the Iowa Rules of Civil Procedure, adopted by the
Iowa Supreme Court. Last verified July 15, 2026.
· Official source
Also known as: iowa contributory negligence employee rulepassenger common carrier negligence iowamitigation of damages negligence iowaemployee doesn't have to prove no fault iowaiowa rule 1.416 negligence pleading