DEMAND FOR SETTLEMENT - PRODUCTS LIABILITY
STATE OF IOWA
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Iowa ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Iowa
DATE: [Date]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL
[General Counsel / Risk Management / Claims Representative]
[Manufacturer / Distributor / Retailer Name]
[Street Address]
[City, State ZIP]
RE: PRODUCTS LIABILITY CLAIM - SETTLEMENT DEMAND
Claimant: [Client Full Name]
Date of Incident: [Date]
Product: [Product Name, Model Number, Serial Number]
Manufacturer: [Manufacturer Name]
Purchase Date/Location: [Date / Retailer Name]
Claim Number: [If assigned]
Dear [Recipient Name]:
This firm represents [Client Name] in connection with serious personal injuries caused by a defective [Product Name] designed, manufactured, distributed, and/or sold by your company. This letter constitutes our formal demand for settlement under Iowa law.
I. IOWA-SPECIFIC LEGAL FRAMEWORK
A. Governing Law
Iowa products liability law is governed by common law principles and Iowa Code Chapter 668 (Comparative Fault). Iowa adopted Section 402A of the Restatement (Second) of Torts in Hawkeye-Security Insurance Co. v. Ford Motor Co., 174 N.W.2d 672 (Iowa 1970), and has subsequently adopted portions of the Restatement (Third) of Torts: Products Liability. See Wright v. Brooke Group Ltd., 652 N.W.2d 159 (Iowa 2002).
B. Statute of Limitations
Under Iowa Code Section 614.1(2), the statute of limitations for personal injury claims, including products liability actions, is two (2) years from the date of injury. This incident occurred on [Date], and the limitations period expires on [Expiration Date].
Discovery Rule: Iowa applies the discovery rule, which tolls the limitations period until the plaintiff discovers or reasonably should have discovered the injury and its cause. Franzen v. Deere & Co., 377 N.W.2d 660 (Iowa 1985).
C. Statute of Repose
Iowa has a fifteen (15) year statute of repose for products liability claims. Iowa Code Section 614.1(2A). No action arising out of the defective condition of a product may be brought more than fifteen years after the product was first sold or leased for use or consumption.
Exceptions:
- Products with an express warranty longer than 15 years;
- Actions based on written representations of safety by the manufacturer.
The subject product was first sold on [Date], and this action is timely.
D. Theories of Liability Recognized
Iowa recognizes the following theories of products liability:
1. Strict Liability: Under Hawkeye-Security Insurance Co. v. Ford Motor Co., 174 N.W.2d 672 (Iowa 1970), manufacturers and sellers are strictly liable for defective products. Iowa has adopted the Restatement (Third) framework. Wright v. Brooke Group Ltd., 652 N.W.2d 159 (Iowa 2002).
2. Negligence: Iowa permits recovery for negligent design, manufacture, testing, and failure to warn.
3. Breach of Warranty: Express and implied warranties under Iowa Code Chapter 554 (Iowa UCC) provide additional grounds for recovery.
E. Design Defect Standard
Iowa has adopted the Restatement (Third) of Torts: Products Liability approach for design defect claims. Under Wright v. Brooke Group Ltd., 652 N.W.2d 159 (Iowa 2002), a product is defective in design when:
The foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a reasonable alternative design, and the omission of the alternative design renders the product not reasonably safe.
The risk-utility test is the primary standard, with relevant factors including:
- The magnitude and probability of the foreseeable risks of harm
- Instructions and warnings accompanying the product
- The nature and strength of consumer expectations
- The relative advantages and disadvantages of the design
- The feasibility of an alternative design
F. Comparative Fault
Iowa follows a modified comparative fault rule. Iowa Code Section 668.3. A plaintiff may recover if their fault is not greater than the combined fault of all defendants. If the plaintiff is more than 50% at fault (compared to the combined fault of defendants), recovery is barred. Recovery is reduced by the plaintiff's percentage of fault.
Note: Under Iowa Code Section 668.12, comparative fault does not apply to strict liability claims in the same manner as negligence claims. Unreasonable misuse may reduce recovery.
Our client bears no responsibility for this incident.
G. Joint and Several Liability
Iowa has modified joint and several liability. Iowa Code Section 668.4. Each defendant is jointly and severally liable for economic damages regardless of their percentage of fault. For non-economic damages, defendants are severally liable only for their proportionate share, except that defendants found to be greater than 50% at fault are jointly and severally liable for all non-economic damages.
H. Punitive Damages
Iowa allows punitive damages upon clear and convincing evidence that the defendant's conduct was willful and wanton disregard for the rights or safety of another. Iowa Code Section 668A.1.
Procedural Requirement: Punitive damages cannot be claimed in the initial pleading; the court must grant leave to amend to add a punitive damages claim. Iowa Code Section 668A.1(1)(a).
Cap: Seventy-five percent (75%) of punitive damages are paid to a civil reparations trust fund. Iowa Code Section 668A.1(2)(b). However, the cap does not apply if the defendant's conduct was directed specifically at the claimant.
II. PRESERVATION OF EVIDENCE - SPOLIATION WARNING
YOU ARE HEREBY DIRECTED TO IMMEDIATELY PRESERVE ALL EVIDENCE relating to this product and claim, including but not limited to:
Product-Related:
- The subject product and all component parts
- All exemplar products of the same make and model
- Design documents, specifications, and engineering drawings
- Manufacturing records for the subject product and similar products
- Quality control records and inspection reports
- Testing data and results (pre-market and post-market)
- Safety assessments and risk analyses
- FMEA (Failure Mode and Effects Analysis) documents
- All versions of owner's manuals and instructions
- All versions of warnings and labels
- Marketing and advertising materials
Complaints and Claims:
- Consumer complaints involving this product or similar products
- Prior claims and lawsuits involving this product
- Regulatory communications (FDA, CPSC, NHTSA)
- Recall notices and service bulletins
Iowa courts recognize spoliation sanctions. Destruction or alteration of evidence may result in adverse inference instructions and other sanctions.
III. THE DEFECTIVE PRODUCT
A. Product Identification
| Product Information | Details |
|---|---|
| Product Name | [Full Product Name] |
| Manufacturer | [Manufacturer Name and Address] |
| Model Number | [Model Number] |
| Serial Number | [Serial Number] |
| Date of Manufacture | [Date, if known] |
| Lot/Batch Number | [If known] |
| Date of Purchase | [Purchase Date] |
| Retailer/Seller | [Retailer Name and Location] |
| Purchase Price | $[Amount] |
B. Chain of Distribution
| Entity | Role | Location |
|---|---|---|
| [Manufacturer Name] | Manufacturer | [Address] |
| [Distributor Name] | Distributor | [Address] |
| [Retailer Name] | Retailer/Seller | [Address] |
C. Product Background
[Describe the product, its intended use, and relevant safety considerations]
IV. THE DEFECT
A. Nature of Defect
[SELECT APPLICABLE THEORY:]
DESIGN DEFECT:
The [Product Name] contains a design defect rendering it unreasonably dangerous for its intended and foreseeable uses.
Under Iowa's adoption of the Restatement (Third) in Wright v. Brooke Group Ltd., 652 N.W.2d 159 (Iowa 2002), the foreseeable risks of harm could have been reduced by a reasonable alternative design, the omission of which renders the product not reasonably safe.
[Detailed description of design defect]
A feasible alternative design existed:
[Description of alternative design]
MANUFACTURING DEFECT:
The specific [Product Name] involved in this incident departed from its intended design due to a manufacturing defect:
[Description of how this product differs from intended design]
FAILURE TO WARN:
The [Product Name] was defective due to inadequate warnings and instructions. Your company knew or should have known of risks but failed to adequately warn:
[Description of warning deficiencies]
V. THE INCIDENT
On [Date], at approximately [Time], our client was [describe what client was doing with the product]:
[Detailed narrative of the incident]
Our client was using the product:
- For its intended purpose
- In a reasonably foreseeable manner
- In accordance with provided instructions
The defect was the direct and proximate cause of our client's injuries.
VI. LIABILITY ANALYSIS
A. Strict Products Liability
Under Iowa common law established in Hawkeye-Security Insurance Co. v. Ford Motor Co., 174 N.W.2d 672 (Iowa 1970), and refined in Wright v. Brooke Group Ltd., 652 N.W.2d 159 (Iowa 2002), your company is strictly liable because:
- The product was defective when it left your control;
- The defect made the product unreasonably dangerous;
- The defect was the proximate cause of our client's injuries; and
- Our client suffered damages.
B. Negligence
Your company is also liable under negligence theories:
Negligent Design: The product was designed without reasonable care for consumer safety.
Negligent Manufacture: [If applicable] The product was manufactured without adequate quality control.
Negligent Failure to Warn: Your company knew or should have known of dangers but failed to provide adequate warnings.
C. Breach of Warranty
Express Warranty (Iowa Code Section 554.2313): Your company warranted that [describe warranty], which was breached.
Implied Warranty of Merchantability (Iowa Code Section 554.2314): The product was not fit for its ordinary purpose.
VII. PRIOR KNOWLEDGE OF DEFECT
Evidence of prior knowledge supports punitive damages claims under Iowa Code Section 668A.1:
- [Number] prior complaints regarding this defect
- [Number] prior injuries from this defect
- [Prior lawsuits, recalls, or regulatory actions]
- Internal documents acknowledging the defect
VIII. INJURIES AND DAMAGES
A. Injuries Sustained
As a direct and proximate result of the defective product, our client sustained:
Physical Injuries:
- [Injury 1]
- [Injury 2]
- [Injury 3]
Surgeries and Procedures:
- [Surgery 1]
- [Surgery 2]
Permanent Conditions:
- [Permanent effects, if any]
B. Medical Treatment
[Describe treatment chronology]
C. Damages Summary
| Category | Amount |
|---|---|
| Past Medical Expenses | $[Amount] |
| Future Medical Expenses | $[Amount] |
| Past Lost Wages | $[Amount] |
| Future Lost Earning Capacity | $[Amount] |
| TOTAL ECONOMIC DAMAGES | $[Subtotal] |
| Pain and Suffering | $[Amount] |
| Disfigurement | $[Amount] |
| Disability | $[Amount] |
| Loss of Enjoyment of Life | $[Amount] |
| TOTAL NON-ECONOMIC DAMAGES | $[Subtotal] |
| TOTAL COMPENSATORY DAMAGES | $[Total] |
D. Punitive Damages
Your company's conduct in [describe egregious conduct] constitutes willful and wanton disregard for the rights or safety of others warranting punitive damages under Iowa Code Section 668A.1.
IX. SETTLEMENT DEMAND
Based upon clear liability and the severe injuries suffered by our client, we hereby demand:
$[DEMAND AMOUNT]
This demand will remain open for [45/60] days from the date of this letter, through and including [Expiration Date].
X. RESPONSE INSTRUCTIONS
Please direct your response to the undersigned. If this matter cannot be resolved, we are prepared to file suit in the Iowa District Court for [County] County, and pursue this matter through trial.
XI. DOCUMENTATION ENCLOSED
- Medical records and bills
- Product photographs
- Incident photographs
- Employment and wage records
- Expert reports (if available)
- [Other relevant documentation]
XII. CONCLUSION
This defective product caused serious injuries to our client that were entirely preventable. Iowa law provides clear remedies for products liability claims, and we urge you to evaluate this claim seriously and respond with a fair settlement offer.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Iowa Supreme Court Attorney No. [Number]
Attorney for [Client Name]
ENCLOSURES: As noted above
cc: [Client Name]
File
IOWA PRODUCTS LIABILITY PRACTICE NOTES
-
Restatement (Third) Adopted: Iowa uses the Restatement (Third) risk-utility test requiring proof of a reasonable alternative design. Wright v. Brooke Group Ltd., 652 N.W.2d 159 (Iowa 2002).
-
15-Year Statute of Repose: Longer than most states. Iowa Code Section 614.1(2A).
-
Modified Comparative Fault: Plaintiff barred if more at fault than combined defendants. Iowa Code Section 668.3.
-
Joint and Several for Economic Damages: All defendants jointly and severally liable for economic damages. Iowa Code Section 668.4.
-
Punitive Damages Procedure: Must seek leave to amend to add punitive damages claim. Iowa Code Section 668A.1(1)(a).
-
Punitive Damages Split: 75% to civil reparations trust fund. Iowa Code Section 668A.1(2)(b).
-
Misuse Defense: Unreasonable misuse may reduce recovery in strict liability cases. Iowa Code Section 668.12.
-
Venue: County where cause of action arose or where defendant resides. Iowa R. Civ. P. 1.301.
This template must be customized for each case and verified against current Iowa law. Products liability law is complex and requires careful analysis of all applicable theories and defenses.