After an accident, many people hesitate to pursue compensation because they believe they were partially at fault. Maybe you were driving a little fast, glanced at your phone, or didn’t see a hazard in time. But here’s the truth: you can still recover money for your injuries, even if you share some of the blame. That’s where comparative negligence comes in. This legal principle determines how fault is divided and how compensation is awarded. In this blog, we’ll break down how comparative negligence works, what it means for your claim, and how LeBaron & Jensen can help protect your rights.

What is Comparative Negligence?

Comparative negligence is a legal system used to allocate fault among parties involved in an accident. Instead of placing all the blame on one person, the law recognizes that multiple people can contribute to an incident. Your percentage of fault directly impacts how much compensation you can receive.

For example, if you’re found 20% at fault for a car accident, your total settlement is reduced by that same percentage. This system allows injured people to pursue claims even when the situation isn’t entirely black-and-white. It’s a fair way to evaluate real-world accidents, where mistakes often happen on both sides.

Types of Comparative Negligence Systems

Not every state uses the same version of comparative negligence. Understanding the difference helps you know what rights you have and how much compensation may be available.

1. Pure Comparative Negligence

In a pure comparative negligence system, you can recover damages no matter how high your percentage of fault is. Even if you’re 90% responsible, you can still recover 10% of your damages. While this system is extremely claimant-friendly, only a few states use it.

2. Modified Comparative Negligence (the most common)

Most states, including Utah, use a modified comparative negligence rule. Under this rule, you can only recover damages if your share of fault is less than 50% (or in some states, less than 51%). If you are 50% or 51% at fault or more (depending on the state) you cannot collect compensation.

For example, under Utah’s system, if you are 40% responsible, you can still receive 60% of your damages. But if you’re 50% or more at fault, the law bars you from recovering any compensation.

3. Contributory Negligence (rare)

A handful of states still use this outdated system, which denies compensation if you share even 1% of fault. Fortunately, most states have moved away from this harsh rule.

How Fault Is Determined After an Accident

Determining fault is a detailed process that involves reviewing the facts, evidence, and behaviors that led to the accident. Insurance companies and attorneys consider:

• Police Reports: These documents often include observations, witness statements, and preliminary fault assessments.
• Evidence From the Scene: Photos, video footage, skid marks, damaged property, and vehicle positions all help illustrate what happened.
• Witness Testimony: Neutral third-party accounts carry significant weight when reconstructing the events.
• Expert Opinions: Accident reconstruction experts may analyze trajectories, road conditions, or mechanical issues.
• Your Own Statements: What you say at the scene, to police, or to insurance companies can significantly impact how fault is assigned.

Because fault percentages are subjective and often heavily debated, having legal representation can prevent you from being unfairly blamed.

Real-World Examples of Comparative Negligence

Understanding the concept is easier when you look at real-life scenarios:

Example 1: Car Accident

You were speeding slightly, but the other driver ran a red light. You may be found 20% at fault, while the other driver is 80% at fault. Your compensation is reduced by 20%.

Example 2: Slip-and-Fall

You were looking at your phone while walking, but the store failed to clean up a spill. A court may assign 30% of the blame to you and 70% to the store.

Example 3: Dog Bite

You approached a dog without permission, but the owner failed to secure it. Responsibility could be split 50/50.

Each case is unique, and fault percentages depend on the totality of the evidence.

Common Tactics Insurance Companies Use

To shift blame onto you, insurers may:

• Misinterpret your statements
• Downplay the other party’s negligence
• Exaggerate your role in the accident
• Claim your injuries were pre-existing
• Use selective evidence or biased experts

Without an attorney, many victims end up accepting far less than they deserve.

How an Attorney Protects You

A personal injury lawyer evaluates your case, gathers evidence, and fights to minimize the amount of fault placed on you. At LeBaron & Jensen, we:

• Conduct independent investigations
• Work with accident reconstruction experts
• Challenge unfair insurance assessments
• Protect you from manipulative tactics
• Negotiate aggressively to maximize compensation

Our goal is to ensure fault is assigned accurately and that you receive the full amount the law allows.

Contact LeBaron & Jensen for Fair Compensation

Being partially at fault does not mean you lose your right to compensation. Comparative negligence exists to ensure fairness, even when responsibility is shared. But navigating fault percentages, insurance negotiations, and legal claims can be overwhelming without help.

If you’ve been injured, LeBaron & Jensen is here to fight for you. Our experienced attorneys understand comparative negligence inside and out, and we’ll work to protect your rights and secure the compensation you deserve.

Contact LeBaron & Jensen today for a free consultation and let us handle the legal burden while you focus on healing.

Being struck by a falling object is one of the most unexpected and frightening types of accidents. Whether it happens at a construction site, retail store, warehouse, or even a public walkway, these incidents can cause severe injuries. Sadly, many falling-object injuries are completely preventable and occur because someone failed to take proper safety precautions.

At LeBaron & Jensen, we frequently help victims who have been hurt because an individual, business, or contractor was negligent. If you’ve been injured by a falling object, understanding your rights and what to do next can make a significant difference in your physical, emotional, and financial recovery.

Common Causes of Falling Object Injuries

Falling object accidents happen in a variety of settings, and many stem from unsafe conditions that should have been fixed long before an injury occurred. Some of the most common causes include:

• Improperly secured construction materials or tools.

On construction sites, tools, building materials, and debris can fall from scaffolding or upper levels if workers don’t follow safety protocols.

• Overloaded or unstable shelving.

Retail stores, warehouses, and grocery aisles can become dangerous when items are stacked too high or placed carelessly.

• Poorly maintained rental properties.

Loose fixtures, broken shelving, or unstable ceiling materials can fall and cause severe injuries.

• Employee negligence.

Workers who drop objects from ladders, forklifts, or upper levels put others at serious risk.

• Defective equipment or products.

If a strap, rope, or storage unit fails, the manufacturer may share responsibility for the injury.

Every one of these scenarios is avoidable with proper care, making negligence a key factor in many cases.

Types of Injuries That Can Occur

The force of a falling object, even a small one, can cause serious harm. Common injuries include:

• Traumatic Brain Injuries (TBIs): Even objects weighing only a few pounds can cause concussions, skull fractures, or long-term brain damage.
• Neck and Shoulder Injuries: Sudden impact often results in strains, nerve damage, or fractures.
• Back and Spinal Cord Injuries: Heavier objects can cause herniated discs or permanent spinal impairment.
• Cuts, Lacerations, and Facial Injuries: Sharp or heavy items may cause scarring or require surgical repair.
• Broken Bones: Hands, arms, and collarbones are especially vulnerable as people instinctively try to shield themselves.

These injuries often require extensive medical care, time off work, and ongoing rehabilitation, not to mention the emotional toll.

Who May Be Liable?

Determining who is legally responsible for a falling object injury is one of the most critical steps in building a strong case. Depending on where and how the incident occurred, liability may fall on several parties. Property owners or managers may be responsible if they failed to maintain a safe environment, while employers can be at fault for not enforcing proper safety procedures. On construction sites, contractors or subcontractors might share blame for unsafe practices. In retail stores or warehouses, poor stacking or storage habits can lead to dangerous conditions. Even manufacturers may be liable if defective tools, shelving, or equipment contributed to the accident. Because multiple parties can be involved, working with an attorney is essential to uncovering the truth and determining who owes you compensation.

Your Legal Rights After a Falling Object Injury

If you were injured because someone failed to store, secure, or handle an object safely, you have important legal rights that protect you from the financial and emotional fallout. You may be entitled to compensation for medical bills, rehabilitation, lost wages, and even long-term limitations that affect your daily life. This can also include damages for pain, suffering, emotional distress, or the need for ongoing medical or household care. Unfortunately, insurance companies often try to minimize these injuries or place blame on the victim to avoid paying. You don’t have to accept that. You have the right to challenge unfair treatment, and to work with an attorney who will fight to protect your health, your finances, and your future.

What to Do Immediately After the Injury

Taking the right steps can strengthen your case and support your recovery:

1. Seek Medical Attention Right Away: Head, neck, and spine injuries often worsen over time. A medical evaluation ensures your injuries are documented.

2. Report the Accident: Notify a supervisor, property manager, or business owner. Obtain a written incident report if possible.

3. Document Everything: Take photos of the object, location, any visible hazards, and your injuries. If anyone witnessed the incident, gather their contact information.

4. Keep All Medical Records: Save bills, treatment notes, prescriptions, and any work-restriction orders.

5. Avoid Giving Statements to Insurance Companies: They may try to get you to admit fault or accept a low settlement. Direct them to your attorney instead.

6. Contact LeBaron & Jensen: We can investigate the accident, preserve evidence, identify liable parties, and protect your legal rights immediately.

Choose LeBaron & Jensen for Legal Assistance

A falling-object injury can leave you overwhelmed, hurting, and unsure what to do next. But you don’t have to navigate the legal process alone. LeBaron & Jensen is here to help you understand your rights, build a strong case, and pursue the compensation you deserve. If you or a loved one has been injured by a falling object, contact LeBaron & Jensen today for a free consultation. We’re ready to stand up for you and help you move forward with confidence.

Warehouse and retail jobs may seem routine, but they are physically demanding roles that put workers at risk every day. From lifting heavy boxes to standing for long hours, navigating crowded spaces, and handling equipment, these jobs take a toll on the body. Yet, injuries sustained in these workplaces are often underestimated or overlooked, especially when they don’t leave visible marks like broken bones. Sprains, strains, and repetitive stress injuries can be just as debilitating, affecting daily life and the ability to work. Understanding your legal rights in workplace accidents is essential to ensure fair treatment, proper medical care, and the compensation you deserve.

Common Risks in Warehouse Jobs

Working in a warehouse may look straightforward, but it comes with a host of hidden dangers that can lead to serious injuries. Heavy lifting and repetitive motions place constant stress on muscles and joints, often resulting in strains, sprains, and chronic back problems. Operating equipment like forklifts, pallet jacks, or conveyor systems introduces another layer of risk, especially if safety protocols aren’t strictly followed. Add to that slip, trip, and fall hazards from spills, cluttered aisles, or uneven flooring, and it’s clear why warehouse workers face a higher injury risk than many realize. Recognizing these hazards is crucial for protecting both health and legal rights.

Common Risks in Retail Jobs

Retail work may seem less physically demanding than warehouse jobs, but it comes with its own set of hidden hazards. Lifting and stocking heavy merchandise can strain backs, shoulders, and wrists, especially when done repeatedly throughout a shift. Crowded aisles, wet floors, or cluttered spaces create slip and fall risks that can lead to serious injuries. Additionally, interactions with customers such as sudden movements, accidents, or confrontations can result in unexpected harm. Poorly maintained equipment like carts, ladders, or price scanners also adds risk. Understanding these common dangers is key for retail workers to protect their health and know their legal rights if injuries occur.

Why These Injuries Are Often Overlooked

Injuries in warehouse and retail environments are frequently underestimated because many of them are “invisible” to the naked eye. Soft tissue injuries such as sprains, strains, tendonitis, and repetitive stress injuries often develop gradually and don’t leave visible bruises, cuts, or broken bones. This can lead to the misconception that the worker is unharmed. Employers or insurance companies may downplay minor accidents, attributing discomfort to normal fatigue rather than a workplace injury, which can result in delayed treatment or denied claims.

Adding to the challenge, symptoms of these injuries can appear hours, days, or even weeks after the incident, which make it difficult to prove a direct connection to the workplace. Workers may experience lingering pain, limited range of motion, or chronic issues that impact their ability to perform daily tasks. Proper medical documentation, early reporting, and professional evaluations are critical to ensure these hidden injuries are recognized and supported legally.

The Importance of Medical Documentation

Medical documentation is the backbone of any personal injury claim, especially for warehouse and retail injuries that aren’t immediately visible. Keeping thorough records of every injury, symptom, and treatment ensures there’s a clear timeline of your condition. Diagnostic tests like X-rays, MRIs, or physical therapy evaluations provide objective evidence of the injury to strengthen your case.

Accident reports and witness statements further corroborate the circumstances surrounding the incident, making it harder for insurers or employers to dispute the claim. Even seemingly minor details like the date, time, and environment of the accident can be crucial. By maintaining detailed and organized documentation, injured workers protect themselves, increase their chances of fair compensation, and create a clear record that demonstrates the real impact of the injury on their life and work.

Legal Considerations for Injured Workers

For warehouse and retail employees, knowing when to file a personal injury or workers’ compensation claim is critical. Even injuries that seem minor at first can worsen over time and affect your ability to work. Filing the right claim promptly ensures you receive medical care and compensation for lost wages, pain and suffering, and rehabilitation costs.

A skilled attorney can navigate the complexities of workplace injury claims, especially when injuries aren’t obvious or when employers or insurers try to minimize responsibility. They can gather evidence, obtain expert evaluations, and advocate for your rights, helping you avoid common pitfalls. Acting quickly is essential, as delays can jeopardize your claim or limit the compensation you’re entitled to. With professional guidance, injured workers can secure fair outcomes and protect their long-term health and livelihood.

Choose LeBaron & Jensen for Workplace Injuries

Injuries sustained in warehouse and retail settings are often underestimated, but they can have serious long-term effects on your health and livelihood. At LeBaron & Jensen, we specialize in helping injured workers navigate the complexities of personal injury and workers’ compensation claims. Our experienced attorneys provide personalized consultations, thorough claim evaluations, and strong advocacy to ensure you receive the compensation and medical support you deserve. Contact LeBaron & Jensen today to protect your rights and your future.