Monday, 4 January 2010

Accident at work

Most people realise that they can claim compensation for an accident on the road, such as a car crash, or for when they trip or fall in a public place. However, not everyone realises that you can actually claim for compensation if you have suffered an accident at work, in the workplace.

Accidents at work are common in the UK, and they can range from small slips and trips on wet surfaces, usually as a result of recent cleaning and inadequate warning, to more severe accidents such as those encountered at industrial sites. It’s important to note that you probably can’t claim compensation for an accident where you yourself have been negligent or irresponsible, but if you have suffered an accident at work as a result of improper training, lack of safety equipment or inadequate equipment for the job that you are doing, then you are able to claim for compensation against your employer.


You shouldn’t feel guilty about claiming compensation against your employer, as by doing so you are helping to ensure that no other work colleagues suffer the same accident at work that you have suffered.

A no win no fee personal injury lawyer will be able to guide you through the claims process, and advise you on what you can actually claim for. Claims for compensation can include monies for injuries sustained, compensation for medical bills and remuneration for the time you have missed from work.

Making a no win no fee claim for compensation will win you the compensation that you deserve.

Find more information on compensation claim
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How to pick a no win no fee lawyer?


The advent of no win no fee has meant that many more people are able to claim the compensation that they deserve for accidents they sustained. People who have suffered car accidents, motorcycle accidents or even accidents as passengers on trains or busses are no able to claim compensation for their injuries through a no win no fee personal injury lawyer.

Yet how do you choose which no win no fee solicitor to handle your case? There are countless websites and TV commercials for no win no fee services, each one promising to handle your case and give you 100% of the compensation for your claim. The fact is though that many of these are not personal injury lawyers at all; they are merely middle men who sell on your claim to a personal injury lawyer firm for a finder’s fee, or commission.

When looking for a no win no fee lawyer, you don’t want to speak to someone who will simply take your details and then sell the lead on; you want to speak to an experienced claims handler who will put you in touch with their own, in-house, trained no win no fee solicitors.

When you make contact with a no win no fee company, ask about their credentials. Ask if they have trained solicitors in their offices and, where possible, ask to speak to them.

If you use a third party website you never know who will end up handling your no win no fee claim.

If you need a no win no fee lawyer, visit Injurylawyers4u
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Benefits for appointing a no win no fee claim solicitor


Nobody likes hurting themselves and having to go to hospital. It’s even worse when it’s not your fault, or you have suffered an accident that was easily preventable. The injuries sustained from falls, trips or car accidents can be very painful. Sometimes you could even sustain permanent injury and be off work for several months, or indefinitely, which can also cost you financially as well physically and mentally.

Luckily, you are able to claim compensation for injuries such as these, so long as someone has acted negligently or irresponsibly. If you have slipped over at work, in the high street or have been the victim of a car accident, you can claim compensation for your injuries using a no win no fee solicitor.

No win no fee allows people to make claims for compensation without having to spend their own money up front to take legal action. Before no win no fee was introduced, many people injured in accidents that were not their fault couldn’t afford to claim compensation because of the expensive legal system. With no win no fee, personal injury specialists can take on your case for you and ensure that you receive the compensation that you deserve, without you having to pay any money.

No win no fee solicitors are paid by the third party’s insurance company, which also means that it’s in their best interests to win your case, as if your personal injury lawyer doesn’t win, they don’t get paid either!
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Friday, 30 October 2009

High Court serves Injunction via Twitter

In a legal first, the UK High Court has given permission for an injunction to be served via social-networking site Twitter.

The order is to be served against an unknown Twitter user who anonymously posts to the site using the same name as a right-wing political blogger.

The order demands the anonymous Twitter user reveal their identity and stop posing as Donal Blaney, who blogs at a site called Blaney's Blarney.

The order says the Twitter user is breaching the copyright of Mr Blaney.
He told BBC News that the content being posted to Twitter in his name was "mildly objectionable".

Mr Blaney turned to Twitter to serve the injunction rather than go through the potentially lengthy process of contacting Twitter headquarters in California and asking it to deal with the matter.

UK law states that an injunction does not have to be served in person and can be delivered by several different means including fax or e-mail.

Danvers Baillieu, a solicitor specialising in technology, said it was possible for anyone to approach the court about any method of serving an injunction if the traditional methods are unavailable.

"The rules already allow for electronic service of some documents, so that they can be sent by e-mail, and it should also be possible to use social networks," he said. Mr Blaney decided to use Twitter after a recent case in Australia where Facebook was used to serve a court order.

The blogger, who is also a lawyer and owns the firm serving the order, said that he thought that it was the first time Twitter had been used to deliver a court order. The injunction - known as the Blaney's Blarney Order - is due to be served at 1930 BST and will include a link to the text of the full court order.

Source: BBC.co.uk
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Thursday, 29 October 2009

Top 5 Product recalls

Over the years there have been many product recalls that reached across international boundaries to affect thousands of people worldwide.

People often ask, what is a product recall? A product recall is a request to return to the maker a batch or an entire production run of a product, usually due to the discovery of safety issues. The recall is an effort to limit liability for corporate negligence (which can cause costly legal penalties) and to improve or avoid damage to publicity. Recalls are costly to a company because they often entail replacing the recalled product or paying for damages caused in use, albeit possibly less costly than indirect cost following damages to brand name and reduced trust in the manufacturer.

Here are some of the most famous product recalls in history. Should you be harmed in the United Kingdom by defective products of any type, make sure to get solid legal advice by a trusted personal injury firm like InjuryLawyers4u. Their law firm is one of many that are specially trained to handle the specific details involved with product recall litigation.

Tylenol

Arguably the biggest and most publicized product recall in business history involved Tylenol, when their over the counter pain relief pills killed seven people in 1982. The deaths came as a result of the pills being laced with potassium cyanide and led Johnson & Johnson to issue a nationwide recall of some 31 million bottles of Tylenol - with a retail value of about $100 million. When the FBI investigated the incident, it was found that the poisoned bottles came from different factories, but the deaths all occurred in and around Chicago, suggesting that the tampering took place at the store level. The perpetrator was never charged, but a man named James W. Lewis was caught trying to extort money out of Johnson & Johnson to “stop the cyanide-induced murders”. Lewis served 13 years in prison on the extortion charges, but was released in 1995 on parole and now lives freely in Massachusetts.

Firestone Tires

While Johnson & Johnson can be excused from personal blame, Firestone and Ford bear total responsibility for the carnage and destruction that led to a massive recall of Firestone tires in 2000. Upon being informed that several models of 15″ Firestone tires on Ford Explorers and Mercury Mountaineers had extremely high failure rates, Ford engineers evidently recommended several safety changes and improvements that were not implemented by either company. All of the alleged problems centered around tread separation, whereby the tire’s treads rapidly frayed away leading to the total disintegration of the tire - sometimes while the car was in motion. Some 200 deaths and 3,000 major injuries resulted from the catastrophic tire failures, which also preceded then Ford CEO Jacques Nasser’s resignation.

Dell Notebook Batteries (see previous post)

The press was on to something when it reported on a Dell laptop bursting into flames at a technical conference in Japan in June, 2006. What must have seemed at the time like a freak occurrence turned out to be a systemic flaw with over four million Dell notebook batteries produced by Sony. The lithium ion batteries were prone to excessive overheating, posing a fire hazard that at least six people reported before Sony mandated a worldwide recall of the defective batteries, which were used in Dell’s Latitude, Inspiron, Precision and XPS models. To its credit, Dell exchanged the hazardous batteries with new ones, often supplying consumers with brand new machines in its place.

Worcestershire Sauce

Many of us enjoy adding a little spice to our meals, but our fellow UK residents took a lot of risk in doing so between 2005-2007. A lengthy investigation found that a Worcestershire sauce manufactured Premier Foods had been contaminated with a carcinogenic dye known as Sudan 1. The contamination was linked back to adulterated chili powder, and the resulting products were used in everything from pizzas to ready-made meals sold on supermarket shelves. Fear of the contamination and its risks prompted the removal of over 400 suspected products from shelves. Remarking on the financial loss to manufacturers and retailers, FoodNavigator.com contends that “the figure is certain to run into double digit millions.” Interestingly, the Sundanese government has demanded that the deadly dye have its name changed, presumably to deflect attention away from where it is produced.

Peanut Butter

One of the most far-reaching food recalls in history came in 2009, when Peanut Corporation of America recalled bulk peanut butter products for fear of Salmonella contamination. In total, the Food & Drug Administration eventually recalled at least 3913 different products from roughly 361 different companies companies, including such popular snacks as Little Debbie crackers. According to MSNBC, at least six deaths were blamed on the outbreak, along with some 470 people who became ill in 43 different states and internationally. Cries for food safety reform were heard far and wide following the recall, and it remains to be seen whether any changes occur.
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Wednesday, 28 October 2009

Laptop burns and the law

Over the years, as computers have become more common, there have been a number of recalls of monitors or consoles due to problems with overheating. Dell in particular has had a problem with monitors overheating and burning down houses or at least causing fires. Laptops, as they have become more common, also pose a risk of overheating.

The problem with laptops is that they are meant to be used on firm, hard surfaces. When they are placed on the lap like their name implies they should be, they can potentially overheat. A recent test showed that a laptop could heat up to 100 degrees when in use. That shows a significant risk of burning a user should that user put the laptop on his or her lap.

As a result of this risk, laptops are more frequently known as notebook personal computers. There have been numerous cases reported over the years where an individual has used his or her computer on his or her lap and ended up with burns on the legs and other areas. In some cases, the laptop managed to burn the user through pants and undergarments.

With the creation of special processors for notebooks, the heat a computer gives off has been diminished. This does not prevent some computers from malfunctioning. Also, older computers do not necessarily have these cooler-running features.

Compensation can be awarded under product defect law. If you have been injured from an overheating laptop, contact a trusted solicitor in your area such as InjuryLawyers4u
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Motorcycle accidents and the law

The majority of serious motorcycle injuries are caused by drivers failing to see the cyclist. Even though motorcycles account for only 1% of all UK road traffic, they account for 19% of the most serious accidents. Not all these accidents are the fault of other road users. However, many of them are – caused by drivers failing to see motorcyclists who are riding in a responsible manner. Other causes can include dangerous road conditions caused by negligent councils, for example, large potholes as well as unforeseen obstacles.

Due to the vulnerability of motorcyclists, motorcycle injuries are often very severe. In cases of non-negligence, it is essential the cyclist receives full compensation, and there are motorcycle lawyers who specialise in this area on a no win no fee basis.

Most insurance companies fighting compensation claims by motorcycle lawyers will try to claim the cyclist contributed to the accident in some way. Thus, it’s essential that cases are handled by lawyers well versed in this type of claim. Normally, before motorcycle lawyers take on a case on a “no win no fee basis”, they will expect to see witness and police reports of both the incident itself and the events leading up to it, in order to ensure the claim has a chance of success.

Claims cover personal injuries and loss of earnings, as well as damage to the motorcycle, clothing and helmet. By choosing “no win no fee” motorcycle lawyers, cyclists ensure that, in the event of a claim being unsuccessful, they will have nothing to pay in legal fees whatsoever.
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Monday, 12 October 2009

Pursuing Compensation Against Uninsured Drivers

People often feel there is little point in pursuing claims for injury compensation from uninsured drivers. However, there are specialised injury lawyers who specialise in uninsured driver accidents, and who will pursue the claim on a “no win no fee” basis. Uninsured driver accidents are very different to normal motoring claims, so it’s essential the lawyers are familiar with Motor Insurers Bureau (MIB) procedures.

It has been estimated there are over 1 million uninsured drivers in the UK today.

Many of them are driving totally illegally, with no driving documents at all. They are the reason people who do drive legally have such high insurance premiums – all motor insurance companies have to pay premiums to a special MIB fund. This money is used to compensate the victims of uninsured drivers, and also pay the victim’s legal fees if the guilty party (provided they are present) is unable to.

“No win no fee” agreements are common in injury compensation claims. This means that, if the claim is unsuccessful, the client will not have to pay any legal costs. Things get complicated, however, if the accident is a “hit and run” case. Under the MIB Untraced Drivers Agreement, injury lawyers can still claim personal injury compensation. However, in these cases the MIB will not cover full legal costs.
Again, injury lawyers use “no win no fee” agreements to get round this. If the claim is unsuccessful, the client pays nothing. If they are awarded injury compensation, the legal costs are taken from this.

For more on 'no win no fee' compensation, contact InjuryLawyers4u.co.uk
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Saturday, 10 October 2009

The problem with whiplash

Whiplash is the debilitating and painful neck injury caused by rear end car collisions. As most whiplash injuries happen when the victim’s car is stationary, it is quite likely they can make a claim for whiplash compensation.

Whiplash injuries vary a great deal, and occur when the body is suddenly thrust forwards and upwards out of the seat. Symptoms may develop straight away, or up to a day later. The process of whiplash compensation is very complex, which is why there are specialised whiplash lawyers in this area.

Whiplash compensation is normally sought under the Judicial Studies Board “Assessment of General Damages in Personal Injury Cases” Guidelines, and whiplash lawyers should ensure the case operates under a “No Win No Fee” basis. This is because whiplash compensation claims are often overturned due to lack of evidence.

The problem with whiplash accidents is that they happen very quickly – often, with no witnesses. Adrenaline can often mask symptoms, meaning victims don’t bother calling an ambulance or the police – even though they should. This means whiplash lawyers often have to place a case where there is little independent evidence, and where the accused party will insist the other driver was in the wrong. This is rarely the case.

Whiplash lawyers can use medical evidence, as well as insurers’ reports, to prove a case of negligence against the third party. If they are successful, they can claim full whiplash compensation from the insurers of the accused driver. This can include medical expenses, loss of income and payment for suffering and pain.
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Saturday, 3 October 2009

United States – Land of Personal Injury Claims

The US has always been known for its somewhat bizarre and over-the-top lawsuits. In recent years a number of truly wacky personal injury claims have been launched (some of them even ending successfully).

For every famous injury claim that makes the headlines, there are hundreds that do not. Remember the monstrously overweight boy who sued a well-known fast food restaurant because apparently they didn't warn him that eating excessive amounts of burgers would damage his health?

Less well known, there was the man who put his camper van on cruise control at 70mph so he could make a cup of coffee in the kitchen area of the vehicle and then when, not surprisingly, it careered off the road he sued the manufacturers because they didn't tell him that it wouldn't steer itself around bends.

Then there was the nudist who made a personal injury lawsuit after he attempted a firewalk in the buff. Apparently he should have been told that tramping through flames in his birthday suit was likely to leave his delicate parts slightly more delicate.

Despite the bizarre nature of these accident claims, the people involved have obviously felt strongly enough about their case to warrant setting in motion a lawsuit. Some of them have even been successful! Of course, the majority of compensation claims that reach the courts, both in the UK and in the US, are nowhere near as controversial as those mentioned above. Many actually involve people who genuinely do deserve damages.

However, seemingly weird and wonderful claims do still seem to be made - and many of them, for one reason or another, occur in the United States. So many occur, in fact, that American journalists have compiled a list of the strangest cases to hit their courts during recent years. Here are a few of the best you may not have heard of:

A woman who suffered an ankle injury after slipping in dog's urine left on a kitchen floor made an accident claim against the owner of the house. But the strange part was that the man whose kitchen she was in - was one of her best friends! She insisted on taking her pal to court, claiming he should have cleaned up his dog's mess.

And won.

Another case from the US. A man from Iowa made a personal injury claim after a stay in a hotel turned somewhat nasty. The gent in question was staying at the Alton Holiday Inn when he became embroiled in a disagreement with the manager. Instead of resolving the complaint, the manager allegedly told his guest to shut up and then proceeded to gnaw a chunk out of his finger. The plaintiff subsequently took the hotel boss to court in an attempt to win $150,000 in injury compensation.

And won.

An American gentleman named Carl Cornett was happily devouring a bag of salted peanuts when he chomped on something a little hard and cold. Spitting the offending object into his hand, he was disgusted to discover it was a tooth. But it wasn't his tooth - in fact it wasn't even a human tooth. It turned out to be the fang of an unidentified animal. Not surprisingly, Mr Cornett made a personal injury claim against the peanut manufacturers, alleging that the creature's tooth had made him violently, physically and mentally ill.

And… lost (won the case, lost the compensation).

The list goes on and on.

Have YOU been injured? Need no-win-no-fee advice?

As already mentioned, the majority of cases here in the UK and over in the US are far more normal than those above and usually feature people with a genuine and deserved claim for damages. If you feel you could be entitled to personal injury compensation as the result of a non-fault accident - personal injury solicitors in the UK like InjuryLawyers4u are there to help.

Visit the InjuryLawyers4u website and make a free assessment.
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Thursday, 24 September 2009

Farming Accidents | Common Causes & Avenues of Compensation

There are some jobs that, due to their nature, have a higher risk of injuries than others.

Those working in the manual labour industry are more likely to suffer from work place accidents than others. However, an extraordinarily high number of fatal injuries that occur in the work place happen on farms. Farm workers account for only 1.7% of the UK workforce, but 16% of all fatal injuries happen to farm workers.

There are several reasons why these unfortunate statistics exist; farms are dangerous places where there are ample opportunities for safety mishaps and accidents. Farming equipment is mostly heavy, dangerous machinery; there are high levels of noise that can be damaging to worker’s health, and chemicals and pesticides are often used on farms, which when used incorrectly can lead to injuries. Farms are also mostly located far away from hospitals and clinics, meaning that sometimes farm workers do not get the care that they need as quickly as other workers can.

Every employer has a duty of care to their employees, and on a farm, where safety is paramount; this duty of care is incredibly important due to the dangerous working environment. Safety training is essential for all farm workers, and safety measures must be properly adhered to. It is vital that farm workers have access to all necessary safety equipment, and if an accident occurred because the correct safety equipment was not available to a farm worker, their employer would therefore be negligent and culpable for the accident. Farm owners must anticipate situations where accidents could occur, and do their best to provide the necessary equipment that will offer the highest protection possible for their workers.

If an injury occurs whilst working on a farm, the effects can be devastating for those involved. Often if you are a farm worker, this will be your only source of income, and any time spent away from your work could result in a massive loss of earnings. If an accident happened due to an employer’s negligence, the farm worker could be entitled to compensation for any injuries that they have suffered. Any injury that has occurred through a farm accident can only be claimed for within three years of the accident happening.

Sometimes when people work in a dangerous industry such as farming, where accidents are commonplace, they do not think about claiming compensation because they believe that injuries are to be expected in their workplace. However, it is important that farm workers are aware that they have the right, just like any other worker, to be compensated for an accident that was the fault of their employer, and not themselves.

If you have been injured in a farming accident, contact an injury solicitor to determine if you have a case for compensation.
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Wednesday, 23 September 2009

Military Lawsuits

In the US, legislation has been introduced that would overturn a 1950 Supreme Court decision which bars military malpractice lawsuits by active duty service members, allowing them to sue the federal government for damages caused by negligent medical care.

The bill, originally drafted by Rep. Maurice Hinchey of New York State, is currently moving through the House or Representatives and would allow active duty military personnel to pursue medical malpractice lawsuits against the government for negligence resulting in injury or death.

The bill seeks to reverse a 1950 U.S. Supreme Court decision in Feres v. United States, where the high court ruled that the United States is not liable under the Federal Tort Claims Act for injuries to active duty armed forces personnel sustained as the result of negligence. It prevents families from filing wrongful death lawsuits when military personnel are killed as well.

The Feres Doctrine, as it has come to be known, came as a result of a lawsuit that charged the government with negligence after a soldier died in a fire while assigned to a barracks known to have a defective heating plant. The decision has been used as a basis to bar all negligence claims against the government by active military, including medical malpractice lawsuits.

Hinchey said the bill would only apply to military personnel who were injured by medical negligence, and would prohibit claims of negligence that occurred during “combatant activities” during time of armed conflict.

Critics of the bill, both in the US and here in the UK, say that excluding combat personnel is unfair, and that the courts should first explore solutions that would permit the military to compensate personnel for negligence through existing channels, without opening up the government to malpractice lawsuits by active military.
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Friday, 24 July 2009

Head Injuries: What to Watch for Afterward

A serious head injury is most likely to happen to someone who is in a car wreck and isn’t wearing a seat belt. Other major causes of head injuries include bicycle or motorcycle wrecks, falls from windows (especially among children who live in the city) and galls around the house (especially among toddlers and the elderly).

Are head injuries serious?

They can be. Bleeding, tearing of tissues and brain swelling can occur when the brain moves inside the skull at the time of an impact. But most people recover from head injuries and have no lasting effects.




Types of head injuries

- A concussion is a jarring injury to the brain. A person who has a concussion usually, but not always, passes out for a short length of time. The person may feel dazed and may lose vision or balance for a while after the injury.

- A brain contusion is a bruise of the brain. This means there is some bleeding in the brain, causing swelling.

- A skull fracture is when the skull cracks. Sometimes the edges of broken skull bones cut into the brain and cause bleeding or other injury.

- A hematoma is bleeding in the brain that collects and clots, forming a bump. A hemahoma may not be apparent for a day or even as long as several weeks. So, it’s important to tell your doctor if someone with a head injury feels or acts oddly. Watch out for headaches, listlessness, balance problems or throwing up.

What happens after a head injury?

It’s normal to have a headache and nausea, and feel dizzy right after a head injury. Other symptoms include ringing in the ears, neck pain, and feeling anxious, upset, irritable depressed or tired.

The person who has had a head injury may also have problems concentrating, remembering things, putting thoughts together or doing more than one thing at a time.

Source: Familydoctor.org
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Lab boost for spinal injury rehab

A team from the Centre for Brain Repair in Cambridge treated rats with the enzyme chondroitinase.

They found the treatment increased the length of time that the nervous system was responsive to rehab. The study raises the possibility of faster and more effective treatments for neurological patients. These results can only be seen as extremely encouraging for the many thousands of people left paralysed after a spinal cord injury

After damage to the nervous system, patients go through a rehab programme to try to regain some of the neurological function that they have lost. This usually helps them regain some useful function but they need to work hard for a long time in order to be successful.

Rehab works by encouraging the nervous system to make new connections between cells to replace those that have been lost through injury.

However, the ability to make new connections - known as plasticity - is very limited.

The researchers, led by Professor James Fawcett and Dr Guillermo Garcia-Alias, said: "The discovery opens up the possibility that rehabilitation for neurological conditions can be made much faster and much more effective by giving treatment such as chondroitinase to make the nervous system plastic."

Dr Mark Bacon, of the charity Spinal Research, said the joint approach - pharmacological and rehabilitative - appeared to stimulate nerve tissue and fine tune new growth.

However, he stressed that it was vital that rehab programmes were chosen carefully to maximise the therapeutic impact. He said: "These results can only be seen as extremely encouraging for the many thousands of people left paralysed after a spinal cord injury but the next step is to work out how to deliver this bacterial protein to humans in a safe and effective way."

Source: BBC | InjuryLawyers4u
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Wednesday, 15 July 2009

47,000 Elderly Falls in US Tied to Canes, Walkers

Health officials say more than 47,000 elderly Americans end up in emergency rooms each year from falls involving walkers and canes.

That's almost 3 percent of all falls among people 65 and older. Government researchers came up with the estimate by looking at six years of ER medical records. Nearly 9 out of 10 of the injuries involved canes, rather than walkers.

Officials with the Centers for Disease Control and Prevention said Monday their study shows that doctors should take more time to better fit patients with walking aids and to teach how to use them safely. The study is being published this month in the Journal of the American Geriatrics Society.

Source: Journal of the American Geriatrics Society
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