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A slip and fall lawsuit is a legal claim filed when someone gets hurt on another person's or business's property due to unsafe conditions. In 2026, these cases remain one of the most common types of personal injury claims in the United States, with the National Floor Safety Institute reporting that falls account for over 8 million emergency room visits each year.

If you've been injured in a fall, you're probably wondering what your case is worth, how to file, and what kind of evidence you need. This guide answers all of that.

You'll find updated settlement ranges, state-by-state filing deadlines, specific guidance for workplace falls, and location-specific details for Boston and Long Island. Every section is built around the questions real people ask.

Whether you slipped on a wet grocery store floor or tripped over broken pavement outside your apartment, this is your starting point.

What Is a Slip and Fall Lawsuit in 2026

Slip and Fall Lawsuit Guide: 16 Key Facts for 2026 featured legal article image

A slip and fall lawsuit is a premises liability claim where an injured person seeks compensation from a property owner or occupier who failed to maintain safe conditions. These lawsuits fall under the broader category of personal injury law.

The basic idea is simple. If someone else's carelessness caused you to fall and get hurt, they may owe you money.

In 2026, slip and fall cases are governed by each state's premises liability statutes. The rules vary, but the core principle stays the same: property owners have a duty to keep their premises reasonably safe.

DetailInfo
Case TypePremises liability / Personal injury
Legal BasisProperty owner negligence
Common LocationsStores, sidewalks, offices, restaurants
Typical InjuriesBroken bones, head trauma, back injuries
Filing MethodCivil lawsuit or insurance claim

These cases can target homeowners, businesses, landlords, or government agencies. The key question is always whether the property owner knew about the hazard and failed to fix it.

Think of it like this: if a store manager sees a puddle in aisle five and walks past it for two hours, that's a problem. A customer who slips in that puddle has a strong case.

Not every fall leads to a valid lawsuit. You need an actual injury, proof the owner was negligent, and evidence that the dangerous condition caused your fall.

How Much Is a Slip and Fall Lawsuit Worth

The average slip and fall lawsuit settlement in 2026 ranges from $15,000 to $75,000 for moderate injuries. Severe cases involving surgery, permanent disability, or traumatic brain injury can settle for $100,000 to $500,000 or more.

Your case value depends on several factors. No two claims are identical.

The biggest drivers of value are medical costs, lost wages, and pain and suffering. A broken wrist with full recovery is worth far less than a spinal cord injury requiring lifelong care.

Injury SeverityTypical Settlement Range (2026)
Minor (bruises, sprains)$5,000 to $25,000
Moderate (fractures, torn ligaments)$25,000 to $100,000
Severe (TBI, spinal injury, surgery)$100,000 to $500,000+
Catastrophic (paralysis, death)$500,000 to $2,000,000+

Insurance policy limits also play a role. A small business with $100,000 in liability coverage can only pay up to that amount through insurance, even if your damages exceed it.

Your age, pre-existing conditions, and percentage of fault all affect the final number. Younger victims with long-term injuries tend to receive higher awards because their future medical costs and lost earning potential are greater.

Jury verdicts often run higher than settlements. In 2024, a New York jury awarded $1.2 million to a woman who fell in a poorly lit stairwell. But trials are risky and take longer.

Slip and Fall Lawsuit Settlement Amounts

Slip and fall lawsuit settlement amounts vary widely, but national data from 2024 and 2025 shows that the median settlement for these cases is roughly $30,000 to $50,000. That number is expected to hold steady or increase slightly into 2026 due to rising medical costs.

Here's what actual settlements have looked like in recent cases:

Case TypeLocationSettlement AmountYear
Wet floor in restaurantFlorida$45,0002024
Icy sidewalk fallMassachusetts$125,0002024
Broken stair railingNew York$310,0002025
Grocery store spillCalifornia$67,0002024
Parking lot potholeTexas$28,0002025

Insurance companies rarely offer their best number first. The initial offer is almost always lower than what your case is actually worth.

Settlements are influenced by the strength of your evidence, the clarity of the property owner's negligence, and whether you share any blame. States with comparative negligence laws reduce your payout by your percentage of fault.

For example, if you're found 20% at fault for texting while walking, a $100,000 verdict drops to $80,000. Some states bar recovery entirely if you're more than 50% or 51% at fault.

Most cases settle before trial. According to the Bureau of Justice Statistics, roughly 95% of personal injury cases reach a settlement without a jury verdict.

Key Takeaway: The typical slip and fall lawsuit in 2026 settles between $15,000 and $75,000, but severe injuries can push that number well above $100,000, and your evidence quality directly controls the outcome.

How to File a Slip and Fall Lawsuit

Filing a slip and fall lawsuit starts with reporting the incident and gathering evidence, then progresses to a formal legal complaint filed in your local civil court. Most people hire a personal injury attorney on a contingency fee basis, meaning you pay nothing upfront.

Here's the step-by-step process:

  • Step 1: Report the fall to the property owner or manager immediately. Get a written incident report.
  • Step 2: Seek medical attention within 24 to 48 hours, even if injuries seem minor.
  • Step 3: Document everything: photos of the hazard, your injuries, witness contact info, and the location.
  • Step 4: Contact a personal injury attorney who handles premises liability cases.
  • Step 5: Your attorney sends a demand letter to the property owner's insurance company.
  • Step 6: If negotiations fail, your attorney files a civil complaint in court.
  • Step 7: The case enters discovery, where both sides exchange evidence.
  • Step 8: The case either settles or goes to trial.

The filing itself involves drafting a legal complaint that names the defendant, describes the incident, and lists your damages. Your attorney handles this paperwork.

Court filing fees vary by state. In most jurisdictions, you can expect $150 to $400 for the initial filing. Your attorney typically covers this cost and gets reimbursed from your settlement.

The sooner you start, the better. Evidence disappears fast. Surveillance footage gets erased. Witnesses forget details. Waiting even a few weeks can weaken your case significantly.

Slip and Fall Accident Lawsuit Basics

A slip and fall accident lawsuit is a civil case that holds a property owner financially responsible when their negligence causes someone to fall and suffer injuries. It's the most common form of premises liability claim in America.

These cases don't require criminal charges. They operate in civil court, where the standard of proof is "preponderance of evidence." That means you need to show it's more likely than not that the property owner's negligence caused your fall.

Three core elements must be proven:

  • The property owner owed you a duty of care
  • They breached that duty through negligence or inaction
  • That breach directly caused your injury

The duty of care depends on why you were on the property. Business visitors (called "invitees") get the highest level of protection. Social guests ("licensees") get moderate protection. Trespassers generally get the least, though exceptions exist for children under the "attractive nuisance" doctrine.

Common causes of slip and fall accidents include:

  • Wet or freshly mopped floors without warning signs
  • Cracked or uneven sidewalks
  • Poor lighting in stairwells or parking lots
  • Loose handrails or broken steps
  • Snow and ice left untreated
  • Cluttered walkways in retail stores

Your status on the property matters a lot. If you were a paying customer at a store, the business owed you the highest duty of care. That makes your case stronger from the start.

Proving Negligence in a Slip and Fall Lawsuit

Proving negligence in a slip and fall lawsuit means showing that the property owner knew (or should have known) about the hazardous condition and failed to address it. This is the hardest part of most cases.

Courts look at two types of knowledge:

Type of NoticeWhat It MeansExample
Actual NoticeThe owner directly knew about the hazardA customer reported a spill to the manager
Constructive NoticeThe hazard existed long enough that the owner should have found itA puddle sat in an aisle for 3 hours with no cleanup

You don't need a signed confession from the property owner. Circumstantial evidence works. If a banana peel on the floor was brown and dried out, that suggests it had been there a long time. That supports constructive notice.

The "reasonable person" standard applies here. Would a reasonable property owner have discovered and fixed the hazard? If yes, the current owner was negligent for not doing the same.

Some states follow comparative negligence rules. If you were partially at fault (maybe you were running, wearing inappropriate shoes, or ignoring a warning sign), your compensation gets reduced by your share of blame.

A few states still follow contributory negligence, where any fault on your part can bar your recovery entirely. As of 2026, only Alabama, Maryland, North Carolina, Virginia, and Washington D.C. use this strict standard.

Building a negligence case requires solid documentation. Maintenance logs, inspection records, employee schedules, and surveillance footage are all fair game during discovery.

Key Takeaway: Negligence is the backbone of every slip and fall case, and your ability to prove the property owner had notice of the hazard (or should have) will make or break your lawsuit.

Slip and Fall Lawsuit Evidence You Need

The most important evidence in a slip and fall lawsuit includes photos of the hazard, medical records, incident reports, surveillance footage, and witness statements. Without strong evidence, even a legitimate case can fail.

Start collecting evidence immediately after the fall. Time is your enemy here.

Critical evidence checklist:

  • Photos and videos of the hazard (wet floor, broken step, ice, debris)
  • Photos of your injuries taken on the day of the fall and throughout recovery
  • A copy of the incident report filed with the property owner
  • Contact information for any witnesses
  • Your medical records from the ER visit and all follow-up treatment
  • Receipts for medical bills, prescriptions, and medical devices
  • Pay stubs or employer statements showing lost wages
  • Surveillance camera footage from the location (request this immediately)
  • Weather reports if the fall involved outdoor ice or rain
  • Maintenance and inspection logs from the property owner

Surveillance footage is often the single most powerful piece of evidence. Many businesses delete recordings after 30 to 90 days. Your attorney can send a spoliation letter demanding they preserve the footage.

Witness statements carry real weight, especially from people who have no personal connection to you. A stranger who saw you fall is more credible than a family member who arrived after the fact.

Medical records should show a clear connection between the fall and your injuries. If you wait weeks to see a doctor, the insurance company will argue your injuries came from something else.

Keep a daily journal of your pain levels, limitations, and emotional state. This documentation supports your pain and suffering claim.

Slip and Fall Lawsuit Time Limit by State

The time limit to file a slip and fall lawsuit is set by each state's statute of limitations, which ranges from 1 to 6 years depending on where the accident happened. Miss this deadline and your case is permanently barred.

Here are the 2026 deadlines for the most populated states:

StateStatute of LimitationsDeadline Example (Fall on Jan 1, 2026)
California2 yearsJanuary 1, 2028
New York3 yearsJanuary 1, 2029
Texas2 yearsJanuary 1, 2028
Florida2 years (changed from 4 in 2023)January 1, 2028
Massachusetts3 yearsJanuary 1, 2029
Pennsylvania2 yearsJanuary 1, 2028
Illinois2 yearsJanuary 1, 2028
Ohio2 yearsJanuary 1, 2028
Georgia2 yearsJanuary 1, 2028
North Carolina3 yearsJanuary 1, 2029

Some states have shorter deadlines for falls on government property. In New York, you must file a notice of claim against a government entity within 90 days of the accident. California requires a government claim within 6 months.

Minors get extra time in most states. The clock usually doesn't start until they turn 18. The same applies to individuals who are mentally incapacitated at the time of the injury.

The discovery rule can extend deadlines in rare cases. If you didn't know about your injury right away (like a hairline fracture that wasn't caught until later), the clock may start from the date of discovery rather than the date of the fall.

Don't wait until the last month. Courts are strict about these deadlines. Even filing one day late means your case gets thrown out.

Slip and Fall Lawsuit Timeline: Start to Finish

A slip and fall lawsuit typically takes 6 months to 2 years from filing to resolution. Simple cases with clear liability often settle in under a year. Complex cases involving disputed fault or severe injuries can stretch to 3 years or longer.

Here's what a realistic timeline looks like:

PhaseTypical Duration
Medical treatment and recovery1 to 6 months
Attorney consultation and investigation1 to 4 weeks
Demand letter sent to insurance2 to 4 weeks after max medical improvement
Insurance response and negotiation1 to 3 months
Filing lawsuit (if no settlement)1 to 2 weeks
Discovery phase3 to 6 months
Mediation or settlement conference1 to 2 months
Trial (if needed)1 to 5 days
Total estimate6 months to 2+ years

Reaching "maximum medical improvement" (MMI) is the first major milestone. Your attorney won't know the full value of your case until your doctors say you've recovered as much as you're going to.

Filing before MMI can cost you money. If you settle early and then need another surgery, you can't go back and ask for more.

The discovery phase is where both sides exchange documents, take depositions, and hire expert witnesses. This stage tends to be the longest and most expensive part of litigation.

Most cases settle during or right after mediation. A neutral mediator helps both sides find middle ground. If mediation fails, the case heads to trial.

Trials are unpredictable. They offer the chance for a higher award, but they also risk a defense verdict where you get nothing.

Key Takeaway: Most slip and fall lawsuits settle in 6 to 18 months, but don't rush to settle before reaching maximum medical improvement or you'll leave money on the table.

Slip and Fall at Work Lawsuit Options

A slip and fall at work can lead to two different legal paths: a workers' compensation claim against your employer or a third-party lawsuit against someone else responsible for the hazard. In many cases, you can pursue both.

Workers' comp is the default option. It covers medical bills and a portion of lost wages regardless of who was at fault. You don't need to prove your employer was negligent. But workers' comp doesn't pay for pain and suffering, and the benefits are typically lower than what a lawsuit can recover.

OptionWorkers' CompensationThird-Party Lawsuit
Who you file againstYour employerA non-employer third party
Proof of negligence neededNoYes
Covers medical billsYesYes
Covers lost wagesPartial (usually 60-67%)Full
Pain and sufferingNoYes
Punitive damagesNoPossible

A third-party lawsuit applies when someone other than your employer caused the dangerous condition. Examples include a building owner who didn't maintain the property, a cleaning company that left floors wet, or a contractor who created a hazard on a job site.

OSHA reported 211,640 nonfatal workplace fall injuries in its most recent annual data. Falls remain the leading cause of workplace fatalities in construction.

If you were an independent contractor rather than a W-2 employee, you generally can't file for workers' comp. But you can file a premises liability lawsuit directly against the property owner.

Some states allow you to sue your employer directly if they acted with gross negligence or intentional misconduct. These cases are rare and difficult to win, but they do exist.

Slip and Fall Lawsuit Against a Business

Filing a slip and fall lawsuit against a business means holding a commercial property owner or operator liable for injuries caused by unsafe conditions on their premises. Businesses owe the highest duty of care to customers and visitors.

Retail stores, restaurants, hotels, office buildings, and entertainment venues are all potential defendants. The key is proving the business knew about the hazard or should have discovered it through reasonable inspections.

Businesses are expected to:

  • Conduct regular safety inspections of floors, walkways, and entrances
  • Clean up spills promptly or post warning signs
  • Maintain adequate lighting in all customer areas
  • Repair broken stairs, handrails, and floor surfaces
  • Keep parking lots and sidewalks free of dangerous conditions

Large corporations like Walmart, Target, and Kroger face hundreds of slip and fall claims every year. These companies have experienced legal teams and large insurance reserves.

Don't assume a big company will just pay up. They fight hard. Their insurance adjusters are trained to minimize payouts and find reasons to deny your claim.

One common defense businesses use is the "open and obvious" doctrine. If the hazard was so visible that a reasonable person should have seen it and avoided it, the business may argue you assumed the risk.

Franchise locations add complexity. The franchisee (local operator) may be liable, or the franchisor (parent company) may share responsibility. Your attorney needs to identify the right defendant.

Document the business's negligence as specifically as possible. A photo of a wet floor with no warning sign is worth more than any verbal description.

Slip and Fall at Grocery Store Lawsuit

A slip and fall at a grocery store lawsuit targets the store for failing to maintain safe conditions in areas where customers walk and shop. Grocery stores are among the most common locations for slip and fall injuries.

Spills are constant in grocery stores. Produce drips water. Freezer aisles get condensation. Customers drop items. Employees mop during business hours. The store has a legal obligation to manage all of these hazards.

Common grocery store hazards include:

  • Liquid spills in the produce, dairy, or freezer sections
  • Fallen grapes, lettuce leaves, or other produce on the floor
  • Wet entrance mats during rain or snow
  • Broken floor tiles or uneven transitions between sections
  • Boxes or stock carts left in customer walkways

The "mode of operation" rule applies in some states. Under this rule, if the nature of the business makes spills foreseeable (and grocery stores absolutely fit this description), the injured person doesn't need to prove the store had actual notice of the specific spill.

Large grocery chains including Kroger, Publix, Albertsons, and Whole Foods have dedicated claims departments. They start investigating the moment you report a fall.

Ask for the surveillance footage immediately. Grocery stores have cameras throughout the store. This footage can show how long the spill was on the floor before you fell, which directly proves constructive notice.

Request a copy of the incident report before you leave the store. Write down the names of the manager on duty and any employees who witnessed the fall or responded to it.

Recent grocery store slip and fall settlements have ranged from $20,000 for minor sprains to $350,000+ for serious fractures and head injuries.

Key Takeaway: Grocery stores and businesses owe you a high duty of care as a customer, and your strongest weapon in these cases is surveillance footage showing how long the hazard existed before your fall.

Boston Slip and Fall Lawsuit Filing Guide

A Boston slip and fall lawsuit is filed under Massachusetts premises liability law, which gives injured victims 3 years from the date of the accident to bring their case to court. Cases are typically filed in Suffolk County Superior Court or the appropriate district court.

Massachusetts follows a modified comparative negligence system. You can recover damages as long as you're not more than 50% at fault. Your award gets reduced by your percentage of responsibility.

Boston Slip and Fall DetailsInfo
Statute of Limitations3 years
CourtSuffolk County Superior Court
Negligence RuleModified comparative (50% bar)
Government ClaimsNotice within 30 days for city property
Average Settlement Range$25,000 to $150,000

Boston winters create a unique category of slip and fall cases: snow and ice claims. Massachusetts law requires property owners to use "reasonable care" in removing snow and ice. A 2010 change in the law eliminated the old "natural accumulation" defense, making it easier for victims to sue.

If you fell on Boston city property (a public sidewalk, a city building, or public transit), you must send a written notice to the city within 30 days. This is much shorter than the general 3-year statute of limitations.

Boston's T (MBTA) stations and buses are frequent locations for slip and fall injuries. Claims against the MBTA follow special government claim rules and shorter filing windows.

Property owners in Boston are required to clear snow and ice within a reasonable time after a storm. If your landlord or a business left ice untreated for days after a snowstorm, that's strong evidence of negligence.

Recent notable Boston-area verdicts include a $275,000 award for a woman who fell on an icy apartment stairway in 2024 and a $180,000 settlement for a man who slipped in a Back Bay restaurant in 2025.

Long Island Slip and Fall Injury Lawsuit

A Long Island slip and fall injury lawsuit follows New York State premises liability law, with a 3-year statute of limitations and cases typically filed in Nassau County Supreme Court or Suffolk County Supreme Court. New York uses a pure comparative negligence system, which means you can recover even if you're 99% at fault.

Long Island Slip and Fall DetailsInfo
Statute of Limitations3 years
CourtsNassau County or Suffolk County Supreme Court
Negligence RulePure comparative negligence
Government ClaimsNotice of claim within 90 days
Average Settlement Range$30,000 to $200,000

New York's pure comparative negligence rule is one of the most plaintiff-friendly in the country. Even if a jury finds you 70% at fault, you still collect 30% of the damages.

Long Island presents specific hazards that generate a high volume of claims. Cracked sidewalks, parking lot potholes, shopping center slip and falls, and winter ice conditions are all common.

For falls on government property (public sidewalks, parks, schools, or public buildings), you must file a notice of claim with the relevant government entity within 90 days. Missing this window typically kills your case.

Long Island's large commercial corridor along Route 110 in Huntington and the shopping districts in Garden City produce significant retail slip and fall claims against national chains.

New York also has a "storm in progress" rule. Property owners generally aren't liable for snow and ice conditions while a storm is still happening. Their duty to clear the hazard begins within a reasonable time after the storm ends.

Recent Long Island settlements include a $425,000 award for a fractured hip at a Uniondale retail store in 2024 and a $95,000 settlement for a wrist fracture at a Massapequa restaurant in 2025.

Who Pays in a Slip and Fall Lawsuit

The property owner's liability insurance typically pays the settlement or judgment in a slip and fall lawsuit. In most cases, the money comes from a commercial general liability (CGL) policy or a homeowner's insurance policy, not from the individual defendant's pocket.

Here's how the payment chain usually works:

  • Step 1: The property owner's insurance company defends the case and pays any settlement or verdict up to the policy limits.
  • Step 2: If the judgment exceeds policy limits, the property owner becomes personally responsible for the remainder.
  • Step 3: If multiple parties are at fault (like a property owner and a maintenance company), each defendant's insurer pays its share.

Most commercial properties carry between $1 million and $5 million in general liability coverage. Homeowner's policies typically include $100,000 to $300,000 in liability coverage.

If the at-fault party has no insurance or insufficient coverage, collecting your judgment becomes much harder. You may need to pursue their personal assets, which is a separate legal process.

In workplace falls, workers' compensation insurance pays for the employer's share. A third-party lawsuit is covered by the third party's liability insurance.

Government entities have their own self-insurance funds or special insurance pools. Recovering from a city or state can take longer due to bureaucratic processes, but the money is generally available.

Your attorney's fee comes out of the settlement. Most slip and fall attorneys work on contingency, taking 33% to 40% of the recovery. Costs for medical experts, court filing fees, and deposition transcripts are also deducted.

Key Takeaway: You're almost never collecting directly from a person's bank account in a slip and fall case; liability insurance covers the payout, and your attorney's fee comes out of that same recovery.

Slip and Fall Injury Compensation Breakdown

Slip and fall injury compensation covers three main categories: economic damages, non-economic damages, and in rare cases, punitive damages. Your total compensation is the sum of all documented losses caused by the fall.

Economic damages are your measurable financial losses:

  • Medical bills (ER visits, surgery, physical therapy, prescriptions)
  • Future medical costs for ongoing treatment
  • Lost wages from missed work
  • Loss of future earning capacity
  • Out-of-pocket expenses (medical devices, home modifications, transportation to appointments)

Non-economic damages are harder to quantify:

  • Physical pain and suffering
  • Emotional distress and anxiety
  • Loss of enjoyment of life
  • Scarring or disfigurement
  • Loss of consortium (impact on your spouse or partner)
Compensation TypeWhat It CoversHow It's Calculated
Economic DamagesMedical bills, lost wages, future costsActual dollar amounts with documentation
Non-Economic DamagesPain, suffering, emotional distressMultiplier method (1.5x to 5x economic damages)
Punitive DamagesPunishment for extreme negligenceJury discretion; rare in slip and fall cases

Insurance companies often use the "multiplier method" to estimate non-economic damages. They take your total economic damages and multiply by a factor of 1.5 to 5, depending on injury severity.

A broken ankle with $30,000 in medical bills might generate a multiplier of 2.5, putting non-economic damages at $75,000. Total compensation in that scenario: roughly $105,000 before attorney fees.

Punitive damages are extremely rare in slip and fall cases. They only apply when the property owner's conduct was willful, malicious, or showed complete disregard for safety. An example would be a landlord who was warned repeatedly about a dangerous stairway and did absolutely nothing.

Some states cap non-economic damages. Check your state's rules, because these caps can significantly affect your total recovery.

Frequently Asked Questions

How much can I get from a slip and fall lawsuit in 2026?

Most slip and fall lawsuits settle between $15,000 and $75,000 for moderate injuries.

Severe cases involving surgery or permanent disability can reach $100,000 to $500,000 or more.

The exact amount depends on your medical costs, lost wages, pain and suffering, and the strength of your evidence.

How long do I have to file a slip and fall lawsuit?

The statute of limitations ranges from 1 to 6 years depending on your state.

Most states set the deadline at 2 to 3 years from the date of the accident.

Government property claims often require notice within 30 to 90 days, so act quickly if you fell on public property.

Can I sue my employer for a slip and fall at work?

In most states, you cannot sue your employer directly because workers' compensation is your exclusive remedy.

However, you can file a third-party lawsuit against a property owner, contractor, or maintenance company that caused the hazard.

Some states allow employer lawsuits in cases of gross negligence or intentional harm.

What evidence do I need for a slip and fall lawsuit?

You need photos of the hazard, medical records, an incident report, witness statements, and surveillance footage.

The most important piece is often the surveillance video showing how long the hazard existed before your fall.

Start collecting evidence immediately because recordings get deleted and witnesses forget details within weeks.

How long does a slip and fall lawsuit take to settle?

Most slip and fall cases settle within 6 to 18 months from the date of filing.

Simple cases with clear liability can resolve in as little as 3 to 6 months.

Complex cases that go to trial may take 2 to 3 years or longer to reach a final resolution.

If you've been hurt in a slip and fall accident, the clock is ticking on your legal rights. Gather your evidence now, check your state's filing deadline, and talk to a premises liability attorney about your options.

The difference between a strong case and a failed one often comes down to timing. People who act fast, document everything, and understand what they're owed tend to recover significantly more.

Your next step: check the statute of limitations for your state and start building your evidence file today.

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