ROCHESTER, NY — People who get hurt due to negligence in Rochester don’t have much time to file a lawsuit. In New York State, those who sustain injuries from a slip-and-fall case shouldn’t wait to sue the at-fault party for damages. The state’s statute of limitations determines the amount of time you have to file a lawsuit; if the statute expires, the court may determine you aren’t entitled to a recovery. If you’re unsure about what steps to take to pursue a slip-and-fall lawsuit, contact our Rochester slip-and-fall lawyers.
How Much Time Do I Have to Pursue a Slip-and-Fall Claim in New York?
Slip-and-falls are some of the most common accidents. They are also some of the most likely to cause serious injuries. In fact, slip-and-falls are among the leading causes of traumatic brain injuries, which can often impact the victim for the rest of his or her life. If you have sustained an injury requiring medical care due to a trip or slip-and-fall accident in Rochester, or if you have had your property damaged in the fall, you may be able to file a lawsuit if it can be shown that your accident was prompted by another’s negligence.
Statute of Limitations in New York for a Slip-and-Fall Lawsuit
You have just three years to file a slip-and-fall lawsuit in New York. Slip-and-falls are a type of personal injury accident that happen because a third-party failed to eliminate hazards from his property. Whether you broke your foot or your phone on someone else’s property, you might be able to pursue compensation for the cost of your medical bills or property damage if you file the lawsuit within three years of the date you sustained your injury or property damage.
It can take time to decide whether to pursue a lawsuit against the at-fault party. After speaking with an attorney, he or she will need to gather evidence against the at-fault party and construct a solid case. The three-year statute of limitations does not mean that you must resolve your entire case within three years; just that you must file the complaint in that time frame.
Can I Recover Compensation Outside the Statute of Limitations?
Filing a case after the statute of limitations may prompt the at-fault party to raise the fact that you filed late as a defense against your complaint. The court must dismiss your accusations against the defendant unless you are able to get an extension. In rare cases, the statute of limitations may be paused or “tolled” to provide additional time to file. Those deemed severely mentally unstable when the injury occurs or underage victims may be awarded extensions.
Don’t hesitate to discuss your accident case with an attorney in Rochester. The sooner you file a lawsuit, the better your chances of receiving just compensation will be.
BUFFALO, N.Y. – Unintentional injuries are now the #4 cause of death for people living in the U.S. These injuries happen due to accidents; of all the ways a person can get hurt, falls account for the most unintentional injuries sustained each year. Our best Buffalo slip and fall lawyers say anyone may be at risk for a slip or trip-and-fall at any moment. Here are some important statistics you should know about falls in the United States.
Slip-and-Fall Statistics You Should Know
Many people may not realize how harmful a slip-and-fall can be. We tend to think of falls as dangerous among the elderly, yet they cause severe injuries in people of all ages. Fall accidents send 8.9 million people to the emergency room each year, according to the National Floor Safety Institute. They are the top reason people visit the ER, accounting for 21% of visits.
In the workplace, falls are the leading cause of worker’s compensation claims, with 85% of such claims attributed to employees slipping on wet floors. They also cause 11% of job-related fatalities for men and 5% for women. Overall, more women will experience a slip-and-fall accident in their lifetime than men.
Falls also go hand-in-hand with traumatic brain injuries (TBI). According to the Centers for Disease Control and Prevention, falls caused the most cases of TBI in 2013, accounting for 47% of all TBI-related visits to the ER, hospitalizations, and deaths in the U.S. It’s interesting to note that falls affect the youngest and oldest among us more than other age groups.
How Do Falls Impact Seniors?
Although anyone can get hurt from a slip-and-fall, the consequences are more significant the older the victim. It’s crucial to understand how slip-and-falls affect senior citizens.
1 of every 3 people aged 65 and over experience a fall
Falls are the 2nd leading cause of death from injuries for those 65 and up
They are the top leading cause of injury-related death for people aged 85 or older
The risk of a fall escalates each decade of a person’s life
A fall is the leading cause of death for those who are 70 or older
The CDC reports that approximately 1.8 million people over 65 years old were treated in the ER because of a fall
Falls cause 87% of all fractures among people over 65
Over 60% of nursing home residents will fall each year
A third of accidental home deaths occur because of falls
Buffalo Slip-and-Fall Lawyers at Your Service
A person who has slipped or tripped and fallen at a public park, in a mall, at the grocery store, or even in a private residence may have grounds to file a personal injury lawsuit for a slip-and-fall accident in Buffalo. In many cases, these accidents are directly caused by a third party’s failure to ensure a safe walking environment.
A slip and fall lawyer’s responsibility is to investigate slip-and-falls to track down the liable party. A person who manages, owns, or operates a premise has must maintain a certain standard of care to ensure safety. When they ignore that standard or fail to correct issues that lead to accidents that then lead to injuries, they can be held accountable for damages.
With Cellino & Barnes by your side, we’ll put our best Buffalo slip and fall lawyers on your case so you can recover for medical expenses, lost wages, ongoing medical treatment, loss quality of life, and more. Contact us for a free case review in Buffalo.
NEW YORK — If you’ve been hurt on the premises of a retail store, government office or other property you may be wondering if you have a personal injury case and how much it might be worth. Bronx personal injury lawyers say the truth is that slip-and-fall accident settlements can vary widely due to a number of factors about your situation. However, a few damages are present in most cases. Before accepting just any settlement, be sure to talk to a slip-and-fall attorney in the Bronx to evaluate your case.
What to Do if You’ve Been Injured in a Slip-and-Fall in the Bronx
Business owners, landlords, and even private property owners have a duty to keep their property free from hazards for their guests. Property owners must repair hazards and warn their guests of potential dangers on their property. When they ignore that duty and allow their property to pose a potential threat to visitors, they can be held liable for the consequences of their negligence.
These accidents occur frequently in grocery stores, clothing stores, construction sites, and even just outside on a wet day. Most slips are not threatening, and many people do get back on their feet. When they become hurt, they need medical attention and legal representation.
Determining the Value of Your Accident Case
It’s impossible to estimate the value of your accident accurately without seeking legal guidance from a Bronx slip-and-fall lawyer. Still, most slip-and-fall settlements take into account the following damages:
Medical Bills: The sum of all past and future medical bills will be one of the main values when calculating your injury damages. Your settlement should cover all accident-related medical expenses.
Lost Wages and Earning Capacity: Many slip-and-fall victims miss a great deal of time from work physically recovering from their injuries. Those who are severely hurt might lose the ability to do the same type of work when they return to their jobs.
Those who miss time from work may be eligible to recover lost wages from the at-fault party. Additionally, those who cannot return to the same level of employment may receive additional compensation to train in a different field or a lump sum for their lost ability to earn a living.
Pain and Suffering: This is the most abstract item for which a victim may receive compensation in a slip-and-fall case is pain and suffering. Figuring out the sum for this value starts with the sum of the medical bills. A person whose injuries have had a larger impact on his or her daily life stands to gain more for pain and suffering than someone who makes a quick and full recovery.
Additional damages may be available to victim’s family members in a wrongful death slip-and-fall case.
For detailed information about the options you have available to you after an accident, it’s best to speak with a personal injury lawyer near you. The distinguished team of slip-and-fall accident lawyers at Cellino & Barnes is ready to discuss your case at no cost to you. Contact us at any time for a consultation.
NEW YORK – Slips and falls are responsible for 9-million visits to the E.R. every year in America. We all know how expensive hospital visits can be; and that’s just the tip of the ice berg. A Brooklyn slip and fall lawyer says in addition to your E.R. bill, victims of falls and slips may also need extended medical care, time off of work, and costly rehabilitation. Even if you get successful treatments for a fall injury in Brooklyn, your bank account could be hurting for years.
The bottom line is, what you do after tripping in a store is important – for both your health and your financial future. Here, we’ll go over some of the most common fall injuries in Brooklyn, and what should be done.
Most Common Fall Injuries In Brooklyn
Slips, trips, and falls happen to everyone. The hope is that these accidents are never serious, but too often that isn’t the case. Many of these injuries come with long-lasting aches, pains, and frustration:
Head Injuries – according to the Centers for Disease Control and Prevention (CDC), falls are the most common cause of concussions and other brain injuries. Once thought to be minor, doctors have developed a different view on concussions. They’re now treated as serious injuries because over time, minor brain damage can become a long-term problem for patients.
Average Lifetime Treatment Cost: $100,000
Injured Wrists – when a person trips, slips or falls, it’s just natural to use your hands to try to break your fall. Unfortunately, this often ends with hand and wrist injuries. In many cases, doctors can never fully correct these injuries and patients must live the rest of their lives with aches, pains or a decreased range of motion.
Average Lifetime Treatment Cost: $15,000
Back and Spinal Cord Injuries – of all the injuries that can happen as a result of a fall, back injuries are some of the costliest. A sudden impact can fracture vertebrae or cause herniated discs. Most of these injuries require surgery. In some cases, a severe injury to the spinal cord can result in temporary or permanent paralysis.
Average Lifetime Treatment Cost: $300,000
Ankle Injuries – We never realize how important our knees and ankles are until something bad happens to them. Broken bones can keep a person off their feet for months, and both joints have vital ligaments and muscles that can be torn or sprained after tripping and falling. When these joints are damaged, surgery may be unavoidable.
Average Lifetime Treatment Cost: $15,500
Hip Injuries – nearly all hip fractures stem from trips, slips, and falls. These injuries typically impact older adults and often require surgery. In addition, lengthy hospital stays and rehabilitation are common for those who’ve suffered a broken hip. In many cases, the patient may require an artificial implant to regain their range of motion.
Average Lifetime Treatment Cost: $70,000
Shoulder Injuries – those who have suffered a dislocated shoulder may tell you it’s one of the most painful experiences. Although shoulder dislocations don’t always require surgery, a brachial plexus injury could cause some serious issues. These injuries impact a network of nerves connecting the spinal cord to a person’s arms and hands. If you’ve suffered a brachial plexus injury, you’ll likely need surgery and physical therapy.
Average Lifetime Treatment Cost: $7,000
What To Do After Tripping, Falling in Brooklyn
Whether you tripped on uneven pavement, slipped on a wet floor at a grocery store, or fell in your apartment building, those responsible should be held accountable. We understand how costly and destructive slips, trips, and falls can be. And we’ve helped thousands of New Yorkers get the best results possible from a slip and fall claim.
When you contact Cellino & Barnes, we’ll put our best personal injury lawyers in Brooklyn on your case. We’ll walk you through the legal process, and explain how we’re going to get the insurance companies to compensate you for your injuries. Call Cellino & Barnes any time — day or night — for a FREE case evaluation.
NEW YORK – Although people often laugh at the videos online, there’s nothing funny about a slip-and-fall. These accidents account for most hospitalizations in America, sending millions of people to the ER each year. Many victims with aches and pains ask our Bronx slip-and-fall lawyers, What Are The Most Common Injuries After A Fall? You may be surprised at how varied these injuries can be.
Children and the elderly are more prone to slip-and-fall accidents than others, and the results can be deadly. The financial impact: devastating. According to the CDC, the medical costs alone for slip-and-falls reached $50 billion in 2015.
Sprains and broken bones. A person can easily twist an ankle or leg when he slips on a wet surface. Landing hard to break the fall can break some bones. The most frequently broken bones include bones in the forearm, leg, ankle, upper arm, and hand and wrist bones.
Shoulder injuries. A heavy fall can dislocate a shoulder. The nerves connecting the spinal cord to the shoulder can stretch or tear upon impact, leading to painful shoulder injuries like brachial plexus injury.
Hip fractures. The CDC reports that falls cause over 95% of hip fractures. These fractures require intense treatment, including surgery and hospitalization, followed by a long period of physical therapy.
Back and spinal cord injuries. According to slip-and-fall attorneys in New York, Damaged vertebrae and slipped or herniated discs cause limited mobility and excruciating pain. Various degrees of paralysis is possible when the spinal cord sustains damage. It can take months to years to regain control of the affected muscles. In severe cases, a person may suffer permanent paraplegia or partial paralysis.
Head trauma. Falls are the number 1 reason for traumatic brain injuries, or TBIs. TBIs can range from mild to severe. More serious head trauma can lead to lifelong cognitive impairment.
Treatment for any of these injuries can quickly exhaust your insurance coverage and savings. Most Americans can’t pay out-of-pocket for these expenses, and most don’t have to if you know who to call.
If you slipped and fell because of someone’s negligence, you have the right to seek compensation for hospital bills, lost wages, reduced earning capacity, and more. A Bronx slip-and-fall lawyer with Cellino & Barnes can help you gain what you are entitled to by law. Contact us for a FREE case evaluation.
NEW YORK – Falls are a top cause of injury in the United States, impacting millions of lives every year. Many slips or falls happen in a public area, like a store or business, and you could be entitled to compensation for your injuries. Victims of these accidents often ask our Queens slip and fall lawyers, What To Do When You Slip And Fall In A Store.
Our legal team has assembled a list of best practices:
What To Do When You Slip And Fall In A Store
Whether you slipped on a wet floor, or fell down a poorly-lit staircase, know what to do. Our Queens slip and fall attorneys have put together five steps to keep in mind:
Get Medical Attention Immediately. Even if you feel fine, it’s important to get checked out by a doctor. Immediate medical attention lowers the risk of long-term complications. It also documents the injuries caused by a slip-and-fall in a store.
Report The Problem. Whether your accident happened in a store or outside, report it to the manager or owner. If you do not know who the manager or owner is, or they are avoiding you, call our Queens slip-and-fall lawyers. We can help track them down!
Document EVERYTHING. Take pictures. Take notes. Talk to witnesses, and get their phone numbers. Every piece of evidence could be relevant and it may help prove your case!
NEVER Admit Fault. In fact, don’t give any statements to anyone other than your attorney. Don’t post any pictures or statements to social media either – this can only hurt you in the end. If you’ve been contacted by an insurance agent, decline a statement until you’ve talked with an attorney whose job is to represent YOU.
Call A Personal Injury Lawyer. When you’ve been injured, there’s a lot at stake and you want someone you can trust to be by your side throughout the legal process. Call an experienced Queens slip and fall lawyer at Cellino & Barnes for a FREE case evaluation.
Many victims of slips and falls are unsure whether they need a lawyer or not. If you’ve been injured in any way, it may be beneficial to at least speak with an experienced personal injury lawyer in New York.
Our team can handle all aspects of your case, and help make sure you’re going to get the best result possible. Some ways we can help include:
Experience. The law is complicated. There can be countless forms to fill out and legal documents that must be drafted. Luckily, our team has decades of experience sifting through legal jargon to help our clients get results.
Trust. To many other law firms, you’re just a case number. But at Cellino & Barnes, our legal team makes it a priority to know you and your family. We feel like that’s what you deserve – an attorney you know and trust to handle your case.
Success. Our team has helped accident victims recover over $2 billion. We didn’t become such a large firm by mistake; our team works hard to help their clients get the best results possible.
Still have questions? Give us a call. Our consultations are always FREE.
NEW YORK – Although it falls on a Wednesday this year, AAA projects nearly 47 million Americans will travel somewhere for the holiday. If this forecast comes true, it will set a new travel record. Unfortunately, it’s also one of the most dangerous holidays to be on the road. According to our accident attorneys, New York State Troopers will respond to hundreds of accidents over the holiday week.
Not all holiday-related accidents are related to motor vehicles, so our Brooklyn personal injury lawyers have laid out a number of common injury-causing accidents that are common around the Fourth of July, and what you can do if you’re a victim.
New York Car Accidents
Cellino & Barnes has helped thousands of New York car accident victims get compensation for their injuries. We know car accidents, and we’ve seen just about everything that can happen on the roadways. Some of the most common accidents stem from one of the following mistakes:
Following Too Closely
Unfamiliar With The Area
All of these occur more often during holiday weekends. If you’ve been injured in a car accident, our Brooklyn car accident lawyers urge you to first seek medical attention, never admit fault, and contact us as soon as possible. Even if you’re not sure if you have a case, our experienced legal team can help point you in the right direction for help.
New York Fireworks Injuries
What’s a Fourth of July holiday without fireworks? That would be a shame. Our Brooklyn accident attorneys want you to have fun over the holiday – but please, do it safely!
Every year, we see news stories about someone who has seriously been injured by fireworks. Many of these cases boil down to improper usage of fireworks, but sometimes bystanders can get seriously hurt. Whether you were at a fireworks show or at someone else’s home, the property owner has a responsibility to keep everyone safe from harm. Too often, things get wild – and dangerous!
If you’ve been injured in a fireworks accident, the first thing you need to do is get medical attention. Once you’ve seen a doctor, give our team a call. Our accident attorneys have years of experience helping New Yorkers get compensation which can help pay for medical bills, rehabilitation costs, and lost wages resulting from a fireworks accident.
New York Carnival Ride Accidents
According to our accident attorneys, New York hosts dozens of carnivals each summer, and accidents have happened at almost every single one of them. Many of these accidents are minor and go unreported, but there are a few that seriously injure carnival-goers.
If you or a loved one has been hurt on a roller coaster or a carnival ride, get immediate medical attention. Statistics have shown that recovery times can be drastically reduced if injuries are addressed as soon as possible. After you’ve visited the hospital, give Cellino & Barnes a call. We have Brooklyn roller coaster accident lawyers who have won substantial settlements and verdicts for many carnival ride victims.
New York Pool Injuries
One way to beat the heat this summer is a trip to the public pool.
We’ve all seen the pool rules posted, and it’s important to adhere to these rules for your own safety. It’s equally important to have a vigilant lifeguard on duty because accidents do happen.
If you or a family member has been injured in a swimming or slip and fall accident at a local pool, give our experienced team a call. You might be surprised at what Cellino & Barnes could do for you and your family.
ROCHESTER, N.Y. – All slip-and-fall accidents are preventable, yet they still send over 8-million people to the emergency room each year. They’re the top cause of injury-related deaths for people 65 and older. What’s worse: they’re usually not your fault! Our Rochester slip-and-fall accident lawyers hear from these victims all the time, and one of the most common questions we hear is, What Should I Do After a Slip and Fall Accident?
By law, public buildings, homes, parking lots, and walkways must remain clear of obstruction and be maintained to ensure safety.
This is a concept known as “premises liability” in which the owner or the person responsible for maintaining the property has the responsibility to keep others safe. If you were seriously hurt after slipping, tripping, and falling on someone else’s property because of negligence, you have the right to seek compensation for your suffering.
What Should I Do after a Slip-and-Fall Accident?
As with any accident, if you have suffered an injury after a slip-and-fall the most important thing you can do is seek medical attention and treatment. Not only should your health be your top concern, establishing medical records about your injury is vital in bringing forth a substantial lawsuit.
Report the Accident
Any slip-and-fall accident should be reported, no matter how benign it may seem at first. Whether you fell in a retail store, a public building, or at a friend’s place, there is always a way to notify authorities. Make sure the manager, owner, or landlord of the premises knows about your accident and record the details in writing. Request a copy of the report before you leave.
Chances are, you’re not the only witness to your fall. If anyone around you witnessed the incident, write down their names, addresses, and phone numbers. These contacts may come in handy should the liable party dispute your claim. Even if a person in the premises did not see you fall, he or she could back up your account of the conditions that led to your falls, such as the lighting, the conditions of the floor, and more.
You should take photographs of the accident scene if you are physically able to. Focus on the conditions that led to the slip or trip that prompted your fall. If anyone has commented that the situation has happened before, make a mental note of that and ask for the person’s name before you leave. When you get home, you should also take photos of your physical injuries.
Refuse to Discuss the Accident
It’s important to avoid discussing your condition with the property owner or manager. Do not post any content about your accident on social media; the liable party’s insurance company may use that as evidence against your claim. Limit all communication about your accident until you speak with a qualified premises liability lawyer in Rochester.
Contact an Attorney
A qualified slip-and-fall attorney in Rochester with Cellino & Barnes will help you navigate the complex process of filing a personal injury lawsuit. Our goal is to help you receive the compensation you deserve by law for your medical bills, lost wages, and even your pain and suffering. Call us for a free consultation or reach out to us online.
NEW YORK – The snow storm on Thursday brought nine inches of snow to the metro area, and it created some slick conditions that have frustrated, and even injured New Yorkers for days.
The storm not only coated city streets with a layer of snow, it also made sidewalks and pathways messy for the millions of people who use them to get to work. As the snow plows cleared the streets, it left some icy areas on sidewalks where the snow banks could build-up.
In most cases, someone is responsible for moving that snow from pathways, but that doesn’t always happen in a timely fashion, if at all.
A Brooklyn slip and fall attorney at Cellino & Barnes says most property owners have a few hours after a storm to remove snow and ice from sidewalks, entryways, and staircases.
“It is part of the responsibility that comes with owning or managing property and businesses in Brooklyn,” slip and fall lawyer Steve Barnes said. “It’s also a safety hazard, and a lot of people don’t realize just how dangerous an icy walkway can be.”
The dangerous aspect of icy sidewalks and stairways hit headlines on Friday when a New York doorman slipped on a step and crashed through a glass door. The broken glass caused a deep cut, which ended up killing him, DNAInfo reported.
Similar slip and fall accidents across Brooklyn have resulted in broken bones, torn ligaments, ruptured disks, and concussions.
It’s difficult to estimate how much business owners have budgeted for snow and ice removal, but the city set aside $88 million to clean-up snow this winter alone. With more than 2,300 snow plows and spreaders in city, that job can be done rather quickly.
Clearing the snow and ice is often a more grueling adventure for property owners, who often do the work manually. However, it’s a responsibility that could help save entire families pain and suffering.
WHAT TO DO WHEN THE ICE GETS UNDER YOUR FEET
Falls are some of the most common accidents behind emergency room visits in New York City, and there’s clear uptick of slip and fall incidents during the winter months when the snow falls, melts, and solidifies into icy mounds.
If you slip and fall on an icy sidewalk or staircase, it’s probably not your fault. In fact, victims may be entitled to compensation in many cases.
The Brooklyn slip and fall lawyers at Cellino & Barnes have helped many New Yorkers maximize their compensation by fully investigating the incident, including how long it took property owners to address the problem.
When winter is at its worst, all New Yorkers must do everything they can to make public – and private – pathways safe for everyone else. If you’ve been hurt, contact the Brooklyn slip and fall attorneys at Cellino & Barnes today for a free case evaluation.
NEW YORK – Our city is a beautiful place to take a walk, but it’s becoming risky to stroll through some neighborhoods. It’s not crime you’ll have to worry about – it’s the deterioration of some pathways.
Some neighborhoods feature walkways and steps that are overgrown with weeds, falling apart into debris, or they’re just uneven, making them dangerous for anyone who uses them. According to the Riverdale Press, residents are expressing concern over the shape of the pathways and staircases in the northwest Bronx.
Even community board members say most of the walkways are in a state of disarray. The problem has become so prevalent that neighborhood leaders are developing “report cards” for area pathways.
This problem isn’t specific to the Bronx; in fact, there are walkways all over New York that are crumbling to the point where people can get seriously injured.
Some paths are difficult to navigate in warm, sunny conditions. An overgrowth of plants and weeds obstruct some walkways from being usable. And when colder weather hits the Big Apple, water becomes the real problem, coating the already dangerous walkways – both public and private – with a layer of ice.
Thousands of New Yorkers use these pathways every day to get to work, school, or local marketplaces. Depending on the location of these crumbling walkways, the responsibility to keep them clean and safe may fall in different hands.
Most public paths are maintained by the Transportation Department while others, such as those in an apartment complex, could fall under the responsibility of private owners. In either case, there is an obligation to keep any walkway or staircase in a clean and safe state.
This could include:
Fixing uneven paths, where there is a tripping hazard
Removing potentially dangerous debris
Trimming plants and shrubs to avoid dangerous overgrowth
Clearing snow and ice from walkways
In many cases, there is work being done to correct the problems, but until New York’s crumbling sidewalks and staircases are fixed, someone could get seriously injured.
WHAT TO DO AFTER TRIPPING OR SLIPPING ON A WALKWAY
Falls are one of the leading causes of accidental injury in New York. These injuries can often be traced back to negligent property owners who failed to maintain their paths, or clear them of snow, ice, or other debris.
When a person gets injured in a trip or slip and fall accident, the medical expenses can often exceed $15,000 or more. Dealing with negligent property owners or cut-rate insurance companies makes the problem even more frustrating for victims, who are already struggling to pay the medical bills or get to work.
If you’ve been injured after tripping or slipping on a crumbling pathway or staircase, there are people who can help. The Bronx slip and fall lawyers at Cellino & Barnes have been trusted by New Yorkers for over 50 years, and they have experience finding the negligent party and holding them accountable.
A Bronx slip and fall lawyer can also help victims maximize their injury claim, which can help cover the costs for medical bills, day-to-day expenses, lost time and work, pain and suffering, and more.
When a crumbling or slippery pathway puts you or your loved one in the hospital, contact the team that has helped thousands of New Yorkers get the best result possible.
Cellino & Barnes 800-888-8888
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