Slips and Falls

Slips, Falls, & Other Premises-related Personal Injuries

Premises liability law involves the legal responsibility of owners and occupiers of property for injuries suffered by persons on the property. One of the most common causes of such injuries is a trip or slip and fall, such as on an icy sidewalk, a loose or uneven stair tread, or a piece of debris or spilled liquid on the floor. The actual liability of the responsible individuals varies depending on the rules and principles adopted in the jurisdiction where the mishap occurred. An experienced premises liability lawyer can determine whether liability may exist in a particular case and help an injured person recover damages for lost wages, medical bills, and pain and suffering.

General Premises Liability Principles in Personal Injury Cases

Some states’ premises liability laws focus on the status of the visitor to the property. In such states, the plaintiff is generally defined as either an invitee, a licensee, or a trespasser. An invitee is someone who is expressly or impliedly invited onto the property of another. The owner owes the invitee the highest duty of care, which includes taking every reasonable precaution to ensure the invitee’s safety. A licensee, by contrast, enters the property for his or her own purposes but is present at the consent of the owner. The owner is required to warn a licensee of hidden dangers, but is not necessarily required to fix them. And finally, a trespasser enters without any right whatsoever to do so. In the case of adult trespassers, the owner has no duty of care and need not take reasonable care of his property or warn of hidden dangers.

Even if the plaintiff is a trespasser, he or she may still be able to recover, however, if the plaintiff can show that the owner knew it was likely that trespassers would enter the property. And children are owed a higher duty of care, regardless of whether they are considered trespassers. A landowner’s duty to warn is also heightened with respect to children.

In states where consideration is given to the condition of the property and the activities of the owner and visitor, a uniform standard of care is applied to both invitees and licensees. This uniform standard requires the exercise of reasonable care for the safety of visitors other than trespassers. In order to satisfy the reasonableness standard owed to invitees and licensees, an owner has a continuing duty to inspect the property, identify dangerous conditions, and either repair them or post warnings as appropriate.

In proving a premises liability case, a plaintiff must show that the standard of reasonableness required by an owner has not been met. Perhaps the highest hurdle that a plaintiff must overcome relates to the owner’s knowledge. The plaintiff must prove that the owner had or should have had knowledge of the condition in order for liability to attach, which is often quite often difficult to establish.

One of the commonly applied theories to limit a plaintiff’s recovery is comparative or contributory fault. A visitor has a duty, in most cases, to exercise reasonable care for his or her own safety, and when that degree of care is not exercised, the plaintiff’s recovery may be limited or reduced by an amount attributable to his or her own negligence.

Slips

Slip & Fall Personal Injury Cases

Slip and fall injuries are, as the name implies, injuries that occur when a person slips, usually on a foreign substance or as a result of a dangerous condition, and falls. A common slip and fall case occurs when someone slips on an icy sidewalk in front of a business, or a customer in a grocery store slips on a grape, lettuce leaf, or other food item that has fallen on the floor and been overlooked by the proprietor.

The premises owner may or may not be liable for the plaintiff’s injuries in these common scenarios. Although owners and possessors of real property have a duty to exercise reasonable care to maintain the premises to protect lawful visitors, if a condition of the premises is noticed by a customer or other visitor or should be readily apparent, the property owner may avoid liability because the plaintiff has a duty to protect himself or herself against the injury. The property owner may also avoid liability by establishing that the debris had so recently fallen on the floor or that the ice had so recently accumulated that the responsible persons had no reasonable opportunity to correct the condition and avoid the hazard before the plaintiff fell. In other words, the plaintiff in a slip and fall case, whether it occurs in a grocery store or elsewhere, must show that the owner had a reasonable period of time in which to discover the dangerous condition and in which to remedy it. The determination of what constitutes a reasonable time will vary from case to case.

Catastrophic Injury

Wichita Falls Catastrophic Injury Lawyers

Texas Spinal Cord Injury Attorneys

A catastrophic injury such as damage to the brain or spinal cord, back injury, severe burns or paralysis can require years of expensive grueling therapy, and strain the patience of even the most loving of families.

If you or someone close to you has suffered a catastrophic injury in an accident caused by someone else, you can benefit from the help of attorneys who view the legal profession as a helping profession; a different kind of law firm that works for a better world; a group of lawyers dedicated to your physical and financial health, and a brighter future.

You should speak with our Banner, Briley & White law firm in Wichita Falls — serving the legal needs of victims of catastrophic injury in the north Texas region.

Chronic pain, traumatic brain injuries, permanent scarring, the loss of a limb: These are life-changing setbacks that can affect the personal and professional life of the victim, and place a tremendous burden of care on a family. Banner, Briley & White personal injury attorneys investigate the cause of your accident, identify the negligent party, and bring the facts of your case to his or her insurer for negotiations on a settlement, or litigation in a courtroom if necessary.

Our commitment to insuring justice for all of our clients is strong and continuing. For a free initial consultation to discuss your catastrophic injury accident, contact us by toll-free phone call to 866-492-9554.

Banner, Briley & White: Aggressive Representation for Catastrophic Injury Victims

Catastrophic injury can occur when negligence causes:

Catastrophic Injury

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Collisions between small cars and large commercial vehicles
  • Distracted driver accidents
  • Malfunctioning or deffective products
  • Property accidents
  • Pedestrian and bicycle accidents
  • Drunk driving accidents
  • Workplace accidents
  • Industrial accidents
  • Hit-and-run accidents
  • Recreational accidents
  • Transportation accidents
  • Nursing home abuse and neglect
  • Medical malpractice

We offer maximum availability to our legal expertise from start to finish of your journey through the legal process. We answer your questions and concerns honestly and directly. We deal with spontaneous issues promptly and professionally. We provide realistic assessments of your case’s chances for success. We want our representation to be a source of comfort for you as you transition to a life of recovery and renewal.

At Banner, Briley & White, we deliver our quality legal services on a contingency fee basis. You owe no attorney fee unless we win your case, and a settlement damage award that you approve.

Asked Questions about Medical Malpractice

Frequently Asked Questions about Medical Malpractice

Q: What is medical malpractice?

A: Medical malpractice is negligence committed by a professional health care provider, such as a doctor, nurse, dentist, technician, hospital or hospital worker, whose treatment of a patient departs from a standard of care met by those with similar training and experience, resulting in harm to a patient or patients.

Q: Does someone who is not satisfied with the results of his or her surgery have a malpractice case?

A: In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean negligence occurred. To succeed in a medical malpractice case, a plaintiff has to show an injury or damages that resulted from the doctor’s deviation from the standard of care applicable to the procedure.

Q: What should I do if a think I have a medical malpractice claim?

A: You should talk to a lawyer who specializes in such cases, as soon as possible. Tell the attorney exactly what happened, from your first visit to the doctor or other health care provider, through your last contact with him or her. If possible, obtain your medical records and bring them to your first meeting with the attorney. There are time limits governing how long someone may bring a medical malpractice claim, so time is of the essence.

Q: What is “informed consent?”

A: Although the specific definition of informed consent may vary from state to state, it means essentially that a physician (or other medical provider) must tell a patient all of the potential benefits, risks, and alternatives involved in any surgical procedure, medical procedure, or other course of treatment, and must obtain the patient’s written consent to proceed.

Malpractice

Q: Do I have a case against a doctor who prescribed me a drug for treatment, but failed to tell me it was part of an experimental program?

A: Your physician had a duty to tell you that the drug was part of an experimental program, and you had the right to refuse to participate in it. You may have grounds for an action against your doctor based on his/her failure to obtain your “informed consent” relative to this treatment.

Q: If the consent form I signed prior to a procedure is considered valid, can I recover any damages in a malpractice action against my doctor?

A: Yes, you still may be able to recover damages. A consent form does not release a physician who performed a procedure negligently from liability. If you can establish that your doctor deviated from the applicable standard of care in performing the procedure, and you were injured as a result, you may still recover against him/her. You may also have a claim that the procedure the physician performed went beyond the consent you gave, in which case the doctor might even be liable for battery.

Q: How does a jury determine if a doctor’s actions were negligent?

A: A jury will consider the testimony of experts, usually other doctors, who will testify whether they believe your physician’s actions followed standard medical practices, or fell below the accepted standard of care.

Q: What is a “Certificate of Merit?”

A: One obstacle plaintiffs in many states may have to overcome before they can even file a malpractice action against a health care professional is the requirement that they file what is commonly known as a “certificate of merit.” In order to file a certificate of merit, a plaintiff will first have to have an expert, usually another physician, review the relevant medical records and certify that the plaintiff’s health care provider deviated from accepted medical practices, which resulted in injury to the plaintiff. The plaintiff’s attorney then files the certificate of merit, which confirms that the attorney has consulted with a medical expert and that the plaintiff’s action has merit.

Slip and Fall

Wichita Falls Slip-and-Fall Accident Attorneys

Texas Slip-and-Fall Injury Lawyers Fight for the Financial Compensation You Need

Did you slip or trip and suffer serious injury in an accident on unsafe property in north Texas?

Did negligence by a property owner, property manager or landlord led to your injury accident?

You may qualify for full financial compensation for every expense that your accident injury has cost you — physical, financial and emotional. And the lawyers at Banner, Briley & White are here to help.

Our personal injury and wrongful death lawyers have provided quality representation for ailing individuals and families throughout the region, in and out of court.

Repercussions of a slip-and-fall or trip-and-fall injury may not be felt for months or years. They can resurface and worsen, restrict your movements and make you uncomfortable for the rest of your life. When you begin to feel physical pain from your fall, and the financial pain of health care expenses related to it, contact our Wichita Falls attorneys at Banner, Briley & White.

When you call us at 866-492-9554, toll free, you will always speak to someone who cares about your legal, medical and financial well-being, and sincerely wants to help. Our view of the legal profession as a helping profession makes us a different kind of law firm.

We can also be reached by e-mail or fax. Overnight messages are promptly returned. If your injury prevents you from coming to us, we are glad to come to you.

Banner, Briley & White Holds Negligent Property Owners Accountable in Court

Timing is important in reporting and filing a personal injury claim. You do not want a statute of limitations to limit your ability to file. Speak with one of our experienced accident injury attorneys immediately if you were hurt because of a/an:

Slip-and-Fall Accident Attorneys

  • Slip-and-fall
  • Trip-and-fall
  • Slick, damp or wet floor
  • Icy walkway
  • Lack of proper hazard warnings
  • Malfunctioning or defective elevator or escalator
  • Poorly maintained stairway or stairwell

Whether your painful slip-and-fall accident injury occurred in a grocery store, shopping mall, restaurant, apartment, office or private residence, our client-focused approach and proven legal skills are designed to achieve maximum financial compensation for you and your family. You may be entitled to a monetary award that reflects the impact of ongoing medical bills, lost wages, pain and suffering, and emotional trauma.

Car Accident Attorneys

Wichita Falls Car Accident Lawyers

Texas Auto Crash Injury Attorneys With Decades of Experience

Car accidents are a common occurrence in north Texas — but can be uncommonly difficult to resolve, from a legal standpoint.

If the negligence of another motorist injured you in a serious car accident or caused a fatal accident that claimed the life of a loved one, the personal injury and wrongful death lawyers of Banner, Briley & White in Wichita Falls can help.

When you are involved in a car accident and someone else is at fault, you may be able to recover from the other person’s insurance company. If more than one person is at fault, you may be able to recover damages from several different parties. You may also be entitled to compensation from your own automobile insurance carrier if you have insurance.

Now comes the hard part: Insurance companies are notorious for promoting their own self-interest rather than your safety, or the full financial compensation you deserve. These businesses hire attorneys to make sure that you get paid as little as possible. Insurance claims adjusters try to settle claims at the lowest possible amount — and they have handled plenty of claims like yours before.

Car Accident

At Banner, Briley & White, we hold negligent motorists and their insurance companies accountable for what happened to you — in a court of law if necessary. Call or write our law offices today to schedule your free consultation. Our toll-free number is 866-492-9554.

Banner, Briley & White — Pursuing Justice for Injured Persons

To our team of experienced car accident lawyers, the legal profession is a helping profession. We help injured accident victims to collect damage awards for expenses associated with:

  • Lost wages, from time off the job
  • Mounting medical bills
  • Repairs to your motor vehicle
  • Emotional trauma
  • Physical pain and suffering

In the event of wrongful death, loss of consortium and loss of future income
Our law firm handles all car accident cases on a contingency fee basis. This means it will cost you nothing to get us started on your case. We collect a fee only if you receive compensation from the parties responsible for your injuries.

Were you seriously hurt in a car or truck accident on busy major thoroughfares such as Highway 287 in north Texas? Did you or a loved one collide with a much larger commercial vehicle, such as a semi trailer or 18-wheeler, causing catastrophic injuries?

Witness Preparation

Witness Preparation

Experienced Trial Lawyers Show You How to Prepare for Testimony

When civil, commercial or probate litigation interrupts your life and work routine, and the stakes are too high to accept anything less than a positive outcome, you need the proven legal leadership of Texas trial attorneys who emphasize on witness preparation.

Our witness preparation practice at Banner, Briley & White in Wichita Falls, is a personal service asset for our litigation clients that serves an important legal function, and can work to your advantage at trial. Our attorneys want your witnesses to be able to offer credible, compelling statements during depositions, and that resonate with juries.

We employ a trial consultant who prepares potential witnesses for litigation involving personal injury claims from motor vehicle accidents; product liability claims; property accident injury; nursing home abuse and neglect; medical malpractice and EMTALA violations cases; catastrophic injuries stemming from any accident caused by negligence; real estate disputes; business disputes; high net worth divorce and probate matters.

Contact us in Wichita Falls for sound guidance in the witness preparation phase of your upcoming trial. We can help. Call Banner, Briley & White toll free at 866-492-9554.

Banner, Briley & White— Effective Witness Preparation for Critical Court Cases

Success or failure at witness preparation can mean the difference between winning and losing a case. It is basically the process of judging witnesses on credibility, accuracy of memory, command of talking points, likeable personality type and mental agility. We encourage witnesses to be secure in their knowledge of their role in a legal matter, ready for any change of direction in a line of questioning and the ability to appear trustworthy to jurors.

When a courtroom resolution is the difference between business profit and loss, ownership of a family inheritance or the solution to a real estate boundary dispute, your witnesses should know what they are talking about. You can have complete confidence in our witness preparation practice at Banner, Briley & White – serving people like you, with families and commercial interests like yours.

Truck Accident

Wichita Falls Truck Accident Attorneys

The Texas Truck Injury Lawyers of Banner, Briley & White

Did a truck driver’s negligence cause a semi trailer crash, and serious or catastrophic injuries to you, or the wrongful death of a family member?

In Wichita Falls and throughout north Texas and Oklahoma, the attorneys who can help you are Banner, Briley & White. Our law firm has aggressively — and successfully — protected the rights of law-abiding motorists injured in car accidents and truck accidents since its inception.

Perhaps no industry in the United States is regulated more than that of interstate trucking. Federal, state and local regulations are supposed to govern how long truck drivers can drive without rest, how often they should sleep, how vehicles must be maintained, how shipments must be documented, how cargo must be loaded, and so on.

At Banner, Briley & White, we understand not just the “rules of the road” and the special duties imposed on commercial and public carriers, but also the complex human, scientific and engineering principles often necessary to explain just how and why truck accidents have occurred. Our skilled personal injury attorneys dig deeply for the facts that can win you the financial compensation you need.

Our Wichita Falls Truck Accident Lawyers Get Results for Personal Injury Victims

Negligence-based causes of truck accidents include:

  • Driver negligence: the factor causing the largest number of truck accidents, including truck drivers who drive too fast or tailgate; drivers who are under the influence of drugs or alcohol; and those who are simply careless
  • Defective products: including tire blowouts, brake failure, faulty hitches, defective or malfunctioning engine parts; any number of vehicle components could fail, causing an accident
  • Poor truck maintenance: due to trucking company policies of cutting corners and costs wherever possible
  • Shifting loads: after a large commercial vehicle is hurriedly, haphazardly loaded with cargo
  • Regulatory violations: failure to require truck drivers to rest and sleep at certain intervals, hold vehicles to weight requirements and securing of cargo

Banner, Briley & White attorneys thoroughly investigate the truck accident that injured you. We bring our findings to the insurer for the negligent truck driver and push hard to obtain full financial compensation for you. While you recover from your injuries, your bills are piling up — medical, vehicle repair, lost wages, worries over future income. You need money. You deserve justice.

Which brings us to the cost of our legal services, which is zero. The contingency fee basis for our work means that you owe no attorney fee unless we win your case and collect a settlement damage award that you approve.

Property Accidents

Wichita Falls Property Accidents Lawyers

Texas Premises Liability Attorneys Pursue Justice for You

Were you seriously injured on dangerous property in Greater Wichita Falls, elsewhere in Texas or in Oklahoma?

The lawyers you can trust to aggressively advocate for you, in and out of court, are Banner, Briley & White.

Our lawyers have represented many individuals who have been injured by falls, slips and other premises liability hazards in north Texas. Our goal in these cases is to assist you in bringing your personal injury claim, and to see that you are fairly compensated for your injuries, so you can recoup accident-related expenses.

We only accept cases we believe in, and we fight hard from start to finish for those we represent. We are a different kind of law firm — one that views our profession as a helping profession. Help us to help you hold negligent property owners accountable for their carelessness. Contact Banner, Briley & White for a free initial consultation at this toll-free phone number: 866-492-9554.

Wichita Falls Property Accident Attorneys

Premises liability cases involve a wide variety of accidents, including:

  • Products falling from store shelves
  • Slip-and-fall or trip-and-fall accidents on slick or icy walkways
  • Unmarked walking hazards in retail establishments
  • Unmarked work and construction zones
  • Accidental drownings in swimming pools
  • Injuries caused by falling trees or branches
  • Holes or large cracks on property
  • Uneven curbs and sidewalks
  • Malfunctioning elevators or escalators
  • Stairwells or stairways in need of repair
  • “Attractive nuisances” that injure curious children
  • Apartment or mobile home fires

Injuries and assaults directly connected to inadequate security measures by landlords, property owners or property managers

Property Accident

A property owner’s negligence with security measures can lead to assaults, robbery, sexual assault and homicide. Factors that can contribute to these criminal activities include failure to maintain reliable security guard operations, shortcuts in hiring and screening, inadequate training needs and supervision, and inadequate alarm systems.

Negligent security lawsuits can stem from incidents at residential or commercial buildings, shopping centers and parking facilities, hotels and casinos, amusement parks, airports, health care facilities, nightclubs and bars, and universities and public schools.

Regardless of the type of negligence that resulted in serious injury to you, our attorneys can help, beginning with your free initial consultation. Contact our Wichita Falls lawyers for the quality representation you need and the attentive personal service you deserve during this difficult time in your life.

Our firm handles property accident cases exclusively on a contingency fee basis. It costs you nothing to get us started on your case. We collect an attorney fee only if you receive compensation from those responsible for your injuries.

Prescription Medications: Things You Should Know

While prescription medications have enabled us to overcome or cure illnesses that were often fatal only decades ago, prescription medications can also be confusing, dangerous, and expensive. The following contains information on how to read prescriptions, how to take them, and how to respect them. If you believe you may have been injured as a result of a prescription drug, contact an experienced medical malpractice or products liability attorney at once.

Prescriptions: The Basics

Each prescription has four parts:

Superscription: The heading where the symbol R or Rx is located.

Inscription: The area of the prescription that contains the names and quantities of the ingredients or drugs.

Subscription: The directions for compounding or mixing the drug.

Signature: Often preceded by the sign “s,” this is the portion of the prescription that gives the directions to be marked on the bottle, vial, or container.

Physicians are notorious for having incomprehensibly poor penmanship. While you may not worry about having to read their notes in your medical chart, you may be more worried about a pharmacist being able to read their prescriptions for you. Once you get your prescription, you may not understand all of the abbreviations and notations on the label. If you don’t, you might find the following glossary helpful.

Prescriptions

a.c.: before meals, from the Latin “ante cibum”
ad lib: use as much as one desires, from the Latin “ad libitum”
b.i.d.: twice a day, from the Latin “bis in die”
da or daw: dispense as written.
gtt.: drops, from the Latin “guttae”
pc: after meals, from the Latin “post cibum”
p.o.: by mouth, or orally, from the Latin “per os”
p.r.n.: when necessary, or as circumstances require, from the Latin “pro re nata”
q.d.: once a day, from the Latin “quaque die”
q.i.d.: four times a day, from the Latin “quater in die”
q.h.: used where a medicine has to be taken every so-many hours, from the Latin “quaque,” meaning “every,” and “h” indicating the number of hours. For example, q.2h.: every two hours.
t.i.d.: three times a day, from the Latin “ter in die”
ut dict.: as directed, from the Latin “ut dictum”

Smarts, Safety, and Prescriptions

    • While prescription medications are usually beneficial, at the same time they may be dangerous. If you abuse prescription medications or fail to take them correctly, you may have a serious adverse reaction. While your doctor is responsible for prescribing the right medication, and your pharmacist is in charge of filling the prescription, you are responsible for taking the medications and assisting your doctor and pharmacist in any way that you can. Here are some tips on how you can fulfill those responsibilities.
    • Make sure that your physicians know what medications you are on, including over-the-counter medications and alternative medicines. If your physician is contemplating prescribing medications to you, he or she needs to make sure that they won’t have a dangerous reaction with any other medications you are taking.
    • If possible, keep all of your medical care in the same group or practice so your physician can easily access your medical information and review your prescription medications. If you have to see other physicians or specialists, make sure that they receive your chart from your primary care physician, or ask them to speak with your primary care physician before prescribing any medications.

Prescribe

  • Keep track of your medications by making a list of their names and the instructions for their use. This may be particularly beneficial if you are on many different types of medications for many different conditions. Keep the list in a place where you can refer to it easily.
  • Only take the dosages that your doctor has approved. If you feel that any medication you are taking is not having its intended effect, call the prescribing physician. Ask if you can take more, or if you should be on a different type of medication.
  • If you are having any adverse or abnormal reactions to your prescription medications, contact your physician immediately.
  • If you have young children in your household, make sure that you have childproof caps on your medicine bottles. Keep the bottles away from anyone who may not understand their use or potency.
  • Never take another person’s prescription medication. Although you may feel that you have similar symptoms, or a similar condition, you can’t be certain that you won’t have an adverse reaction to their medication or that dosage.
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.