The Swain Law Firm, P.C.The Swain Law Firm, P.C.2026-09-30T15:56:14Zhttps://www.swainlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1603045/2021/10/cropped-Favicon-image-32x32.pngOn Behalf of The Swain Law Firm, P.C.<![CDATA[Who pays when winter road hazards damage your car?]]>https://www.swainlawfirm.com/?p=482062026-09-30T15:56:14Z2026-09-30T15:56:14ZClaims for potholes on public roads
Government agencies in Pennsylvania generally have immunity from lawsuit claims unless a specific legal exception applies. To hold a city or state agency responsible, you must show the government knew about the hazard ahead of time and failed to fix it. The road defect must also be the direct cause of your injuries or vehicle damage.
Pennsylvania law enforces a strict deadline for claims against local or state government units. You must file an official written notice of your claim within six months of the incident date. Missing this six-month deadline will bar you from recovering compensation.
Accidents in private parking lots
In contrast, private property owners who manage shopping centers or commercial parking lots must keep their driving areas safe. Property managers must clear ice and repair deep potholes so visitors can drive safely. When neglected hazards on private property cause a crash, the lot owner can be held liable under standard negligence principles.
Steps to preserve evidence after a road hazard crash
Proving that a specific hazard caused your accident requires prompt action before weather conditions or road crews alter the scene. Important steps to take right after an incident include:
Document the exact location, road depth and surrounding ice conditions with clear photos.
Record the date, exact time and weather conditions present when the crash occurred.
Obtain written contact information from any nearby witnesses or business owners.
How we hold negligent parties accountable for your losses
An attorney can examine traffic camera footage, road maintenance logs and municipal repair records to build a clear record of fault. Drivers facing injuries or costly car repairs can request a professional legal case evaluation to determine their options.]]>by The Swain Law Firm, P.C.<![CDATA[What you must prove in a Bensalem premises liability claim]]>https://www.swainlawfirm.com/?p=482022026-09-29T15:19:24Z2026-09-29T15:19:24ZYour status on the property can affect the owner’s duty
Your status on the property can affect the duty the property owner owes you. Pennsylvania law generally recognizes invitees, licensees and trespassers.
If you enter a Bensalem business as a customer, you generally qualify as an invitee. Property owners owe invitees a duty to take reasonable care of dangerous conditions they know about or should discover.
Knowing your status can help you understand the duty you may need to establish in a premises liability claim.
Your own actions may affect your recovery
Pennsylvania uses comparative negligence rules, which means the court may consider your share of fault when deciding how much compensation you can recover:
If you contributed to the accident, the court may assign you a share of the fault.
Your compensation may decrease based on your role in the accident.
If your fault is 51% or more, you generally cannot recover damages under Pennsylvania’s rule.
This rule means the court can consider everyone’s role in causing the injury rather than automatically placing all the blame on the property owner.
Evidence may help show what happened
After an injury, details can become harder to establish with time. You can strengthen your claim by keeping photos of the dangerous condition, medical records, bills and information from people who witnessed the accident.
You should also keep any incident reports or messages you exchanged with the property owner or manager. These materials can help document the accident, your injuries and the condition of the property.
Taking action after a premises liability injury in Bensalem
A sudden injury on someone else’s property can leave you facing pain, expenses and many unanswered questions. You do not have to figure out every legal detail alone. If you hurt yourself, consider speaking with a personal injury attorney who can review your situation, explain your options and help you protect your claim. An attorney can give you greater clarity while you focus on your recovery.]]>On Behalf of The Swain Law Firm, P.C.<![CDATA[Who pays when potholes or ice damage your car?]]>https://www.swainlawfirm.com/?p=481992026-09-16T01:31:27Z2026-09-16T01:31:27ZHazards on locally owned streets
Pennsylvania law generally protects local governments from negligence claims. It creates an exception for some dangerous conditions on streets a local agency owns. For that exception to apply, you must show the hazard posed a risk the agency could reasonably expect. You also must show that the agency had actual notice or enough information for the law to treat it as having notice in time to respond.
A pothole may fit this exception when a defect in the street surface creates the danger. Natural snow or ice raises a different issue. Pennsylvania courts distinguish a defect in the street itself from a condition that rests on its surface.
If PennDOT maintains the road, Pennsylvania law does not allow recovery for property loss under the pothole exception. PennDOT states that it must deny property damage claims from potholes and similar road conditions covered by that law.
Hazards in private parking lots
A business or another private party that controls a lot generally owes customers reasonable care. Natural snow and ice, however, receive different treatment under Pennsylvania law.
When winter weather makes a parking lot slippery, Pennsylvania courts often apply the hills and ridges doctrine in injury cases. Under this rule, an owner generally does not face liability unless snow or ice builds up into dangerous ridges or raised areas, the owner has notice of the condition and that buildup causes the injury. Different rules may apply when the problem involves one isolated patch of ice or a hazard the owner helped create.
Keeping useful evidence after road damage
Road conditions can change quickly after repairs or changing weather. You may want to photograph the pothole or ice and keep records showing what happened to your vehicle. Those details can help you prepare for a possible claim and identify who maintained the area.]]>On Behalf of The Swain Law Firm, P.C.<![CDATA[Signs of nursing home neglect Pennsylvania families should know]]>https://www.swainlawfirm.com/?p=481972026-09-09T17:45:46Z2026-09-09T17:45:46ZPhysical decline is the first warning sign
Physical changes can sometimes be warning signs that a resident's care needs are not being met, though they can also have medical or other causes. Public guidance on signs of elder abuse and neglect explains why unexplained bruises, repeated falls, dehydration, pressure injuries or poor hygiene may warrant further questions about whether the resident is receiving appropriate care. Families should ask the facility about the circumstances and request medical information when appropriate.
Unexplained weight loss can raise questions about whether the resident is receiving appropriate nutrition and assistance with daily needs, although medical conditions and other factors may also contribute.
Behavioral changes can signal neglect too
A resident does not need a visible injury for neglect to be serious. Emotional withdrawal, fearfulness, confusion or a sudden reluctance to speak around staff may warrant further attention, particularly when the change is new or unexplained. Some residents also stop asking for help when they believe no one will respond.
These changes are easy to dismiss at first, especially when a loved one already has memory loss or illness. But a new pattern in mood or behavior still warrants attention.
Document concerns and take action early
Notes, photographs, medical records and a timeline can help document changes in a resident's condition and the facility's response. Whether those facts support a legal claim depends on the circumstances and applicable law. Pennsylvania families can also report suspected abuse or neglect through the appropriate state resources, and an attorney can assess whether the facts may support a legal claim.]]>On Behalf of The Swain Law Firm, P.C.<![CDATA[What to do when your business partner stops contributing]]>https://www.swainlawfirm.com/?p=481952026-08-26T13:41:11Z2026-08-26T13:41:11ZStart with the partnership agreement
The partnership agreement should be the starting point. It may explain each partner's responsibilities, required capital contributions, management rights and procedures for resolving disputes. Pennsylvania law generally allows partners to establish many of the rules that govern their partnership through their agreement.
Keep records of missed contributions, unfinished responsibilities, important decisions the partner refused to make and attempts to resolve the problem. Emails, financial records and meeting notes can help establish what happened. A clear record makes the next step easier.
What options may be available?
The appropriate response depends on the circumstances. A partnership agreement may provide a process for resolving a partner dispute or addressing a partner's failure to meet their obligations.
In some situations, the partners may negotiate a separation or buyout. State law also provides rules for buying out the interest of a partner who has dissociated when the partnership continues rather than dissolves.
If the relationship has broken down to the point that the business cannot continue, judicial dissolution may be another possibility. Pennsylvania law allows a partner to ask a court to dissolve a partnership when specific statutory grounds exist. A partner's failure to contribute does not automatically require dissolution. The facts and governing agreement matter. The available options depend on how serious the dispute has become.
When should you take action?
A partner who stops contributing does not necessarily mean the business must close. But ignoring the problem can make it harder to protect the business and establish what each partner has done or failed to do.
Review the partnership agreement, preserve relevant records and consider whether negotiation, mediation or another dispute-resolution process could resolve the issue. If those efforts fail, the available legal remedies may depend on the partnership's structure and the nature of the dispute. Taking action early can help prevent a business disagreement from becoming a larger financial dispute.]]>On Behalf of The Swain Law Firm, P.C.<![CDATA[What to do after a doctor misses a diagnosis in Bensalem]]>https://www.swainlawfirm.com/?p=481942026-08-12T07:18:31Z2026-08-12T07:18:31Ztake legal action.
How Pennsylvania law can help after medical negligence
Preserving evidence of a missed diagnosis is important when building a medical malpractice case. Several factors often affect a medical malpractice claim in Pennsylvania. Before moving forward with a negligence claim, it is helpful to understand these key considerations:
Assess negligence: Not every wrong diagnosis is medical malpractice, but if the doctor fails to meet the expected standard of care and causes you harm, you may be able to file a medical malpractice claim. Medical records, test results and an expert medical opinion allows you to establish whether the physician's care fell below the applicable standard and caused problems for you.
Know the deadline: Pennsylvania generally enforces a two-year deadline to file a personal injury or medical malpractice claim. However, under the "discovery rule," the clock may not begin until you reasonably should have discovered the misdiagnosis.
Understand the need for a certificate of merit: The law requires a certificate of merit when filing a medical malpractice claim. It must generally be filed with the complaint or within 60 days of filing the complaint and should be supported by a qualified medical professional.
If the medical negligence caused harm or worsened the outcome, you may be entitled to damages under Pennsylvania law. These can include compensation for medical treatment, lost income and the physical and emotional effects of the injury.
What comes next after a missed diagnosis
A medical malpractice injury is not something you should have to bear because of someone else’s negligence. If a doctor’s mistake has affected your health, finances or quality of life, you may have the right to seek compensation for your losses. Learning about your legal rights enables you to take the next step toward recovering from the financial consequences of medical negligence.]]>On Behalf of The Swain Law Firm, P.C.<![CDATA[E-bike and e-scooter trouble spots: What riders should know]]>https://www.swainlawfirm.com/?p=481912026-07-23T11:57:00Z2026-07-23T09:17:05ZWhere should you use extra caution?
Pay particular attention when traveling through these areas:
Roosevelt Boulevard at Grant Avenue and Red Lion Road: Multiple travel lanes, long crossings and drivers entering or leaving crossover lanes can increase your risk. Wait for a full signal, watch each lane and do not enter as the light changes.
Street Road at Knights Road: Shopping centers, businesses and driveways create frequent turning traffic. Officials installed red-light cameras after repeated crashes, and a news analysis counted 64 collisions at the intersection over 10 years. Slow down near entrances and watch for drivers crossing your path.
Route 1 at Old Lincoln Highway: A news analysis recorded 79 crashes over 10 years. The wide roadway and heavy traffic can make e-bike riders harder to notice. Stay visible and do not assume a driver will stop when your signal changes.
Understanding these location-specific hazards can help you adjust your speed, position and timing before entering traffic.
Do e-bikes and e-scooters follow the same rules?
Pennsylvania generally treats e-bikes that meet state limits like bicycles. However, the Pennsylvania Department of Transportation says ordinary stand-up electric scooters cannot legally operate on public roads, bike lanes or sidewalks and may be used only on private property. Check your device before choosing a route.
What should you do after a crash?
A car accident can leave you shaken and unsure what to handle first. Once you are out of immediate danger, focus on these priorities:
Call 911 if someone is injured or traffic creates an immediate risk.
Seek medical care for your injuries.
Photograph the vehicles, roadway and traffic signals.
Collect the driver’s insurance details and witnesses’ contact information.
Keep your damaged e-bike or e-scooter, helmet and clothing.
Taking these actions ensures you have the documentation necessary to support a legal or insurance claim.
Why can these crashes become complicated?
A collision at a busy intersection may involve several people or businesses that share responsibility, as well as more than one insurance policy. Legal guidance can help you examine driver conduct, available camera footage, roadway conditions and filing deadlines that may affect an injury claim.]]>On Behalf of The Swain Law Firm, P.C.<![CDATA[What happens when a beneficiary dies before you?]]>https://www.swainlawfirm.com/?p=481922026-07-21T16:06:32Z2026-07-21T16:06:32ZYou wrote your will years ago and named the people who matter most to you. But life rarely follows the timeline we expect, and sometimes a loved one passes away before you do. When that happens, the gift you left them does not simply disappear. Pennsylvania law and the exact wording of your will work together to decide where it goes, and understanding that process helps you keep your final wishes intact.
A named alternate may receive the gift
The cleanest solution is one you control while you are still living. When you name an alternate or backup beneficiary, you tell your estate exactly who should receive a gift if your first choice cannot.A carefully written will can list a second person for each meaningful bequest, from a family home to a treasured heirloom. Without that backup language, though, state default rules decide where your gift goes.
Pennsylvania law may preserve gifts for certain relatives
When your will names no alternate, an anti-lapse rule may step in. This is a law that keeps a gift from failing by passing it to the deceased beneficiary's descendants instead.Pennsylvania's anti-lapse provision applies only to certain relatives, such as your child or other descendant, your brother or sister or a niece or nephew. It also works only if that relative left children or other descendants who survive you. A gift to a friend or a more distant relative generally is not protected, and your will can override the rule if it clearly states a different plan.
The residuary clause may redirect an unprotected gift
If neither an alternate nor the anti-lapse rule applies, the gift usually falls into your residuary estate. The residuary clause is the catch-all part of a will that covers everything you did not assign to someone specific. Whoever inherits your residuary generally absorbs the lapsed gift. When a will has no residuary clause, that property may instead pass under Pennsylvania's intestate laws to your closest living relatives, who might not be the people you had in mind.
Regular beneficiary reviews can prevent an unintended result
These legal safety nets exist for good reason, but they do not always match what you actually want. Reviewing your will after a major life event, such as a death, a marriage or a new grandchild, keeps your wishes and your paperwork aligned. Set a reminder to revisit your named beneficiaries and their alternates every few years so your gifts reach the people you truly chose.]]>On Behalf of The Swain Law Firm, P.C.<![CDATA[When something goes wrong during a robotic surgery]]>https://www.swainlawfirm.com/?p=481892026-07-16T08:52:42Z2026-07-16T08:52:42ZHuman error could be to blame
The use of robotic surgical equipment has increased substantially in the last decade. Unfortunately, errors can still occur during robotic surgeries. Many times, those errors are the result of a mistake by the surgeon operating the device.
On rare occasions, programming and technical issues can contribute to the failure of a robotic surgical device during a procedure. As is true of any tool used for medical treatment, physicians have an obligation to be competent in using robotic surgical devices and must be ready to revert to other procedures if necessary for patients’ safety.
Robotic surgical errors are more common than people realize, and they typically result in liability for the surgeon who made the mistake or the medical facility that employs the surgeon. In rare cases, patients may be able to assert that the manufacturer of the robotic surgical unit was liable due to issues with the device or its programming.
Legal action is often necessary when surgeries fail and cause harm to the patients undergoing care. Reviewing medical records related to a botched robotic surgery with a skilled legal team can help patients and surviving family members evaluate who may be liable for their harm.]]>On Behalf of The Swain Law Firm, P.C.<![CDATA[What are your legal remedies for contract breaches in PA?]]>https://www.swainlawfirm.com/?p=481882026-07-09T14:53:47Z2026-07-09T14:53:47ZWhat governs contract breaches?
Your complaint path will differ depending on the type of contract and amount of money involved in the agreement. Depending on how much, you will need to file your claim in either the local Magisterial District Court or the higher Court of Common Pleas.
Generally, you must file a claim within four years of the date the breach occurred or was discovered. In Pennsylvania, providing a formal notice to the other party is beneficial for your case. It solidifies your case and allows you to establish communications about your concern.
What are some solutions you can seek?
You have more than one legal pathway if you are facing a contract breach in Pennsylvania. Assess the broken terms of your contract and evaluate the type of compensation best fits your needs. Here are the major categories of remedies available:
Monetary damages: The court awards you financial compensation for the losses you incurred due to the breach
Contractual damages: When there is a specific provision in your contract regarding preset penalties for breaches, a court may order the other party to honor it
Specific performance: In some cases, a court may order the breaching party to fulfill the obligations of their contract
Rescission and restitution: If the court cannot calculate monetary damages or finds them inadequate, parties may need to return any benefits gained from the contract
Before initiating any legal action for contract disputes and breaches, seek out-of-court resolutions. Courts will often ask you if you have exhausted other remedies such as negotiations and mediation. Alternative dispute resolution, like arbitration, is usually much faster and easier than court processes.
Why should you seek support?
A legal team or professional can lend you critical information on your case. Your resolution process may go more smoothly with someone who can effectively protect your rights and provide a new perspective. Gathering records, examining contract clauses and calculating damages are just a few responsibilities of a law expert. You may want to seek a good representative to speak on your behalf.]]>