Civil Litigation

Wichita Falls Attorneys for General Civil Litigation

The Texas Business Dispute Lawyers of Banner, Briley & White

Litigation creates winners and losers. That’s the nature of the process, and the reason why most disputes — over a serious personal injury, business contract or any other issue — often settle before trial or during the trial itself.

In real life, any lawyer who tells you that he or she has never lost a case either doesn’t try many cases, or isn’t telling the truth. And if they’re not willing to tell the truth about that, you can be sure they haven’t learned much from their experiences.

At Banner, Briley & White, we can tell you that our lawyers have been trying cases for so many years that they have, in fact, lost a few. However, what’s important is that, as a firm, we have learned something valuable from every case we have lost.

More important, we take that knowledge with us into court every day and use it to the advantage of our current clients whenever it applies.

Litigation can be confusing, especially if you have never been involved in a lawsuit. If you have questions about the litigation process, contact an experienced trial lawyer at Banner, Briley & White in Wichita Falls. Call toll free: 866-492-9554.

Civil Litigation

Wichita Falls Litigation Attorneys Working Together Since 1992

Our firm handles a wide variety of civil disputes and litigation in state and federal courts. These matters include breach of contract and breach of fiduciary duty claims in business disputes, will contests that become probate litigation, real estate disputes, employment law cases, equine law/horse racing litigation and more. Because we are full-service in our litigation practice and thorough in our readiness for trial, we employ a trial consultant to assist with witness preparation.

When we are not aggressively litigating on behalf of our clients, we are educating them on how to avoid the unnecessary costs and wasted energies that litigation can cause. We have to share our knowledge of risk management and litigation avoidance, or we wouldn’t be doing our jobs. As few true winners as there are in this arena, you need to know when to pick your battles, especially on those occasions when use of a courtroom simply isn’t worth it.

For straight talk about litigation, negotiation, arbitration, mediation or any method of dispute resolution that can produce the practical, lasting results you need, come to Banner, Briley & White.

Personal Injuries from Animal Bites or Attacks

Personal Injuries from Animal Bites or Attacks

Animal attacks can result in far more than physical pain. Disfigurement, a fear of rabies or other disease, and even a long-term fear of the type of animal that caused the injuries can result. A pet owner may be liable for such injuries when his or her animal bites or otherwise attacks another; he or she must compensate the injured party for the resulting damages.

Although animal-attack claims most commonly involve dog bites, many other types of domesticated animals, such as ferrets, cats, and even birds, can also bite humans, causing injury and potential liability for their masters. Even non-domesticated animals, such as large cats ordinarily found in the wild, can attack children and adults. The liability for all such attacks, if any, will vary greatly from jurisdiction to jurisdiction. A lawyer experienced in dog bite and personal injury law is the best source for accurate advice and information in animal attack cases.

The Plaintiff’s Burden of Proof in Animal Attack Cases

To succeed in most animal attack cases, the plaintiff must prove that the animal that caused the injury was owned and kept by the defendant. In the past, the plaintiff was also required to show that the owner knew or should have known that the animal was dangerous, mischievous, vicious, or prone to such undesirable and potentially threatening behaviors. Under current law, however, when proof is established that an owner was somehow negligent, such as by not properly restraining or containing the animal, the plaintiff may often recover without making a showing of the animal’s viciousness.

An owner of an animal may be found negligent under any circumstances in which he or she had knowledge of the animal’s viciousness but failed to act in order to prevent injuries to others. Accordingly, if an animal exhibits vicious or uncontrolled behavior, the owner should take steps to ensure that the animal is secured from access to the public. For example, if an individual owns a pit bull with a propensity to attack and bite without provocation, the owner should probably keep the animal indoors and, while outside, within a contained yard with a fence that the animal cannot escape. If he or she does not adhere to these common-sense guidelines and the animal attacks, the injured party may be able to recover his or her damages.


Those who harbor animals that are generally considered to be wild, such as lions, bears, and monkeys, are often held strictly liable for the harm that results if the animals escape, regardless of whether the particular animal is known to be dangerous. Such animals are presumed to have a natural tendency to revert to their wild mannerisms no matter how well trained or allegedly domesticated they are. Strict liability may not apply if the animal injures someone while it is confined or restrained on its owner’s property, but this is a factually dependent argument that will not apply in every case.

In some states, it is not always necessary for the animal to actually bite or attack the victim in order to hold the owner liable for an injury. A pedestrian who is walking past a yard and who becomes frightened by a dog snapping and barking, and who in an attempt to get away trips and falls, breaking an ankle, may nonetheless be able to sue the dog’s owner successfully if he or she can show that the actions of the dog led to the injury.

Possible Defenses in Animal Attack Cases

Animal attack victims are not always entitled to recover their damages. If the plaintiff is found to have provoked the animal, for instance, recovery may be denied. Say, for example, that a pet owner informs a neighbor that his pet parrot is not friendly and that it should not be touched, but the neighbor does not heed this warning and is thereafter pecked or bitten, recovery may be denied. If the owner merely stated that the parrot was not always friendly, on the other hand, but still encouraged the neighbor to pet it, liability for the injury could likely still be found.

Possible Defenses in Animal Attack Cases

Trespassers are also generally unable to recover. In many states, in order to successfully bring suit under a dog bite statute, the plaintiff must show that he or she was lawfully in the place where the injury occurred. If it is found that the plaintiff was, instead, a trespasser at the time of the injury, liability will be avoidable on that ground. If, for example, someone jumps over a fence into an enclosed junkyard with “Beware of Dog” warnings posted and taunts the German shepherd guard dog with a stick, the junkyard owner may not be liable if the dog bites the trespasser.

Distracted Driver Accident Lawyers

Wichita Falls Distracted Driver Accident Lawyers

Experienced Texas Driver Texting Accident Attorneys

No cellphone conversation or “smartphone” text message is more important than the lives of the drivers around you on busy north Texas highways.

When you become a victim of the distracted driving epidemic, sustaining serious or catastrophic injuries in a violent collision, you should contact the experienced, client-committed personal injury lawyers of Banner, Briley & White. We can help.

Our Wichita Falls distracted driver accident attorneys will aggressively protect your rights and work hard for the financial compensation you deserve. After all, your expenses are piling up while you attempt to recover from the avoidable car accident that injured you: missing wages from time off the job, medical bills coming at you from every direction, car or truck repair costs, and many more.

The compassionate representation we provide, the firm grasp of Texas personal injury and wrongful death law we display, the attentive personal service we insist upon, the maximum availability to your questions and concerns throughout the legal process — every full-service feature we offer is just a phone call away, to 866-492-9554, toll free.

We can also be reached by e-mail or fax message. When you do, you will be communicating with north Texas lawyers who view the legal profession as a helping profession — lawyers who truly care about your rights, your physical and emotional well-being, and your future.

Your initial consultation is free of charge.

Injured in a Cellphone Accident? Banner, Briley & White Can Help.

Distracted driving can be a major factor in injury accidents such as:

  • Car accidents
  • Fatal car accidents
  • Truck accidents
  • Drunk driving accidents
  • Accidents on dangerous highways, or in dangerous weather
  • Accidents that kill or injure passengers
  • Accidents caused by uninsured or underinsured drivers
  • Pedestrian and bicycle accidents

Distracted Driver Accident

Lack of enforcement of distracted driving laws, in the few jurisdictions to enact them, doesn’t help matters. This lack of resolve only makes cellphone and text message abusers feel even more entitled to their selfish behavior, at the expense of your safety. At Banner, Briley & White, we hold the negligent accountable — in a court of law if necessary. We feel that the careless, distracted driver and his or her insurer should have to surrender full financial compensation for all that you have endured.

Our law firm is all about your comfort and convenience. That is why we deliver our quality legal services on a contingency fee basis. You owe no attorney fee unless we win your case.