107 Iowa L. Rev. 391 (2021)
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In 2009, the Iowa Supreme Court became one of the first jurisdictions to adopt the Restatement’s (Third) innovative formulation of the duty element in a negligence claim. Under this new conception of duty, Iowa removed foreseeability from its duty analysis and adopted a presumption of a general duty of care absent some exceptional circumstance. This Note reviews Iowa’s treatment of no-duty doctrines under the Restatement (Third). It concludes that, when considering a no-duty doctrine, the Iowa Supreme Court has oftentimes failed to presume that a general duty of care exists and has instead relied on vague public policy justifications to support a no-duty determination in violation of the Restatement’s (Third) guidelines. The Note offers three principles based in the Restatement (Third) that will infuse more structure and consistency into Iowa’s duty analysis. By adhering to these principles, Iowa can become a model state for other jurisdictions looking to adopt the Restatement (Third).

Monday, November 15, 2021