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Slip and Fall Demand Letter Sample [Free Template]

  • john174031
  • Oct 29
  • 21 min read

Dealing with an insurance company can feel like learning a new language, full of confusing terms and complicated procedures. The slip and fall demand letter is a key part of this process, but it doesn’t have to be intimidating. Our goal is to demystify this step for you. This letter is simply your structured story, backed by facts and evidence, that explains why you are owed compensation. In this article, we’ll translate the legal requirements into plain English, breaking down exactly what you need to say and how to say it. We will guide you section by section and provide a clear to serve as your practical roadmap, empowering you to build your claim with confidence.

Key Takeaways

  • Structure Your Letter for Clarity

    : Present a clear, chronological account of the incident, explain exactly why the property owner is at fault, and back up every statement with evidence like photos, medical records, and witness information.

  • Calculate Your Full Damages

    : Your settlement demand must include all past and future medical expenses, lost income from missed work, and compensation for non-economic impacts like pain, suffering, and the loss of enjoyment in your daily life.

  • Adopt a Firm and Professional Tone

    : Use objective, factual language to build credibility with the insurance adjuster. Avoid emotional accusations or admitting any fault, and always set a clear deadline for a response to keep your claim moving forward.

What Is a Slip and Fall Demand Letter?

After you’ve been injured in a fall, you’re likely dealing with medical bills, missed work, and a lot of stress. A slip and fall demand letter is your first formal step toward getting the compensation you deserve. Think of it as a professional, detailed letter sent to the property owner’s insurance company. In it, you’ll clearly explain what happened, the injuries you sustained, and the total financial damages you’ve suffered as a result.

This isn't just a simple note; it's a crucial legal document that officially kicks off settlement negotiations. It lays out your entire case in a structured way, presenting the facts and showing the insurer that you are serious about your claim. The goal is to present a compelling argument for why the property owner is responsible for your injuries and to demand a specific amount to settle your personal injury claim. This letter sets the tone for the entire process and is your best chance to resolve the matter without having to file a lawsuit.

Why This Letter Is Your First Step

Sending a demand letter is your opportunity to control the narrative. It’s the first time you get to present your side of the story, in full, to the insurance company. This document formally outlines the incident, your injuries, and the financial impact on your life, all backed by evidence. It shows the insurer that you have a well-documented case and are prepared to pursue it. A strong, clear demand letter can significantly speed up the claims process and often leads to a fair settlement offer, helping you avoid a lengthy court battle.

When Should You Send It?

Timing is everything. You should send the demand letter after you have completed your medical treatment or have reached what doctors call "maximum medical improvement." This means you have a clear picture of the full extent of your injuries and the total cost of your medical care. Sending it too early might mean you underestimate your damages, leaving you with unpaid bills later. However, you also don't want to wait too long, as every state has strict deadlines for filing a slip and fall accident claim. Once you’ve gathered all your medical records and receipts, you’re ready to draft and send your letter.

What Every Strong Demand Letter Must Include

Think of your demand letter as the foundation of your insurance claim. It’s your first formal opportunity to present your side of the story, detail your injuries, and explain why the property owner is responsible for what happened. A weak or incomplete letter can lead to delays, lowball offers, or an outright denial. On the other hand, a strong, well-organized letter sets a professional tone and shows the insurance adjuster you are serious about your claim.

To be effective, your letter needs to be more than just a request for money. It must be a clear, factual, and persuasive document that logically lays out every component of your case. Each section builds on the last, creating a comprehensive picture of the incident and its impact on your life. From identifying yourself correctly to calculating your total losses, every detail matters. Getting these elements right from the start can make a significant difference in how the insurance company perceives your claim and, ultimately, in the outcome of your settlement negotiations.

Your Information and Key Case Details

Before you get into the specifics of the incident, start with the basics. Your letter should clearly state your full name, address, and phone number at the top. Most importantly, include the insurance claim number provided by the adjuster. This small detail is crucial because it allows the insurance company to immediately connect your letter to your existing file, preventing it from getting lost in a sea of paperwork.

Think of it as the subject line of your entire claim. Without it, you’re creating unnecessary work for the adjuster and risking delays. By providing this information upfront, you establish a professional tone and make it easy for the right person to review your case promptly. It’s a simple step that ensures your detailed account gets the attention it deserves.

A Clear Account of the Incident

This is where you tell your story. In a clear, step-by-step narrative, describe exactly what happened. State the date, time, and specific location of the incident. Explain what you were doing right before you fell and what caused the fall. Was it a wet floor with no warning sign, a broken piece of pavement, or poor lighting on a staircase? Be as detailed as possible.

It’s also helpful to explain why you didn’t see the hazard. For example, you might mention that your view was blocked or that the dangerous condition was hidden. This helps counter any argument that you were not paying attention. The goal is to paint a vivid picture for the insurance adjuster, helping them understand how the property owner’s negligence led directly to your slip-and-fall accident.

Stating Why the Property Owner Is Liable

After describing the incident, you need to connect the dots and explain why the property owner is legally responsible. This section is about establishing negligence. In simple terms, you need to show that the property owner either caused the dangerous condition, knew about it and failed to fix it, or should have reasonably known about it and taken action.

For instance, if you slipped on a spill in a grocery store, you could argue that the store’s employees should have cleaned it up or placed a warning sign. If you tripped on a cracked sidewalk, you can state that the property owner had a duty to maintain a safe walkway. Clearly articulating the owner’s failure to provide a safe environment is the legal basis of your personal injury claim and justifies your demand for compensation.

A Summary of Your Medical Treatment

Here, you will detail the physical consequences of your fall. Start from the moment of the injury and create a timeline of your medical care. List every diagnosis you received, from sprains and fractures to more severe conditions like concussions or back injuries. Mention your initial visit to the emergency room or an urgent care clinic, followed by appointments with specialists, physical therapists, or other healthcare providers.

This summary should be factual and straightforward. The goal is to give the insurance adjuster a complete picture of the extent of your injuries and the treatment required to manage them. A thorough account demonstrates the seriousness of your condition and provides context for the medical bills you will be submitting as part of your claim.

Documenting Your Financial Losses

This section is where you translate your injuries and recovery into a specific dollar amount. Start by listing all of your medical expenses to date. Include everything from ambulance rides and hospital stays to prescription medications and physical therapy sessions. It’s essential to attach copies of all corresponding bills and receipts to your letter as proof.

Beyond medical costs, you must also account for any lost income. State your job title, your typical pay rate, and the exact dates you were unable to work due to your injury. If your injuries, such as spinal cord injuries, may impact your future earning capacity, you should mention that as well. This detailed accounting provides a clear and justifiable basis for the financial compensation you are seeking.

How to Frame Your Case for the Best Outcome

How you present the facts of your slip and fall case is just as important as the facts themselves. Your demand letter is your first opportunity to show the insurance company that you are serious, organized, and have a valid claim. The goal is to build a logical and persuasive argument that makes the property owner’s liability clear. A well-framed case encourages the insurance adjuster to see the strength of your position and can lead to a more reasonable and timely settlement offer. Think of this letter as the foundation for your entire claim; a strong start can make all the difference. The following steps will help you structure your letter in a way that is clear, compelling, and difficult for the other side to dismiss.

Set a Professional and Factual Tone

Your demand letter is a formal business document, so it’s important to maintain a professional tone throughout. While it’s natural to feel angry or frustrated about your injuries, using emotional or accusatory language can make you seem less credible. Instead, focus on presenting the facts of the case clearly and objectively. Stick to what happened, the injuries you sustained, and the financial impact it has had on your life. A calm, factual approach shows the insurance adjuster that you are serious and in control. This professionalism signals that you are prepared to handle your claim methodically and will be taken more seriously during negotiations.

Present the Facts in Chronological Order

To make your account of the incident easy to follow, describe the events as they happened. Start from the moments just before your accident and walk the reader through a step-by-step timeline. Explain where you were, what you were doing, and what led to the fall. Then, detail what happened immediately after you fell, including who came to help and what you did next. A clear, chronological story prevents confusion and helps the insurance adjuster understand exactly how the incident unfolded. This straightforward narrative is a key part of building a strong case for all types of slip-&-fall accidents and leaves little room for misinterpretation.

Include All Supporting Evidence

Every claim you make in your demand letter should be backed up with proof. Don't just say the floor was wet; include photos of the puddle with no warning signs. Don't just say you were injured; attach copies of your medical records and bills. This is your chance to show, not just tell. Gather all relevant documents, such as photos of the scene and your injuries, contact information for any witnesses, receipts for medical expenses, and documentation of your lost wages. Providing a complete package of evidence from the start shows the insurance company that your claim is well-documented and that you are prepared to prove every part of it.

Clearly Explain the Property Owner's Fault

Simply stating that you fell on someone’s property isn’t enough to prove they are responsible. You must clearly connect your injury to the property owner's negligence. This means explaining what the owner did wrong or failed to do to keep the property safe. For example, did they fail to clean up a known spill, repair a broken handrail, or provide adequate lighting in a dark hallway? Clearly state why their carelessness directly caused your fall. This is the core of your personal injury claim, as it establishes the legal liability of the property owner and forms the basis for why you are entitled to compensation for your injuries and other losses.

How to Calculate Your Total Damages

Calculating your damages is more than just adding up receipts. It’s about creating a complete picture of how the slip and fall accident has impacted you financially, physically, and emotionally. Insurance companies won’t automatically account for everything you’ve lost, so it’s your job to present a clear and comprehensive calculation of your total losses. This figure becomes the foundation of your settlement demand. A thorough accounting ensures you’re asking for a fair amount that covers not just your current bills, but also the long-term consequences of your injury.

Let’s break down the different types of damages you should include to build a strong and justifiable claim.

Tally Your Medical Expenses (Past and Future)

Start by gathering every single medical bill connected to your injury. This includes everything from the initial emergency room visit and ambulance ride to follow-up doctor’s appointments, physical therapy sessions, prescription medications, and any medical equipment you needed. Create a detailed list with the date, provider, and cost for each item. It’s also critical to include estimated costs for future medical care. If your doctor anticipates you’ll need ongoing treatment, physical therapy, or even surgery down the road, those projected expenses are a key part of your personal injury claim.

Account for Lost Wages and Income

If your injury forced you to miss work, you are entitled to compensation for that lost income. Calculate the exact amount of time you were unable to work, including full days and partial days for medical appointments. Gather pay stubs or a letter from your employer to document your rate of pay and the hours you missed. If your injuries are severe and may permanently affect your ability to earn a living in the future, you should also account for this "loss of earning capacity." This is especially important in cases involving long-term disabilities or spinal cord injuries.

Explain Your Pain and Suffering

This is where you put a value on the physical pain and emotional distress you’ve experienced because of the accident. While there’s no simple receipt for this, it’s a very real part of your damages. Describe the physical pain you endure daily, as well as any anxiety, depression, fear, or sleep loss you’ve suffered since the incident. Be honest and specific. For example, explain how the constant pain in your back makes it difficult to sleep through the night or how the trauma of the fall has made you anxious in public places. This narrative helps the insurance adjuster understand the human cost of your injury.

Describe the Impact on Your Quality of Life

Beyond direct pain, consider how the injury has affected your ability to enjoy your life. This is often called "loss of enjoyment." Think about the hobbies, social activities, and daily routines you can no longer participate in or that have become difficult. Maybe you can’t play with your children, go for your morning run, work in your garden, or attend family gatherings like you used to. Make a list of these changes and explain them clearly in your letter. This demonstrates how the injury has fundamentally altered your day-to-day existence and helps justify your claim for fair compensation.

Include Any Other Financial Losses

Finally, make sure to include any other out-of-pocket expenses you’ve incurred because of the slip and fall. These are costs that go beyond medical bills and lost wages. For instance, did you have to pay for transportation to and from your doctor’s appointments? Did you need to hire someone to help with childcare, cleaning, or yard work while you recovered? Did you have to pay for assistive devices or make modifications to your home? Keep receipts for all these expenses and add them to your total damages. Every dollar you had to spend because of someone else’s negligence should be part of your claim.

Writing Tips to Make Your Letter More Effective

The way you present your case in a demand letter can be just as important as the facts themselves. A well-written letter sets a professional tone and shows the insurance company that you are serious about your claim. It’s your first opportunity to tell your side of the story clearly and persuasively, framing the narrative in a way that encourages a fair settlement. Think of it as building a strong foundation for your negotiations. By following a few key writing principles, you can create a document that is clear, compelling, and difficult for the opposing side to dismiss. These tips will help you communicate the strength of your case from the very beginning.

Be Specific and Factual

When describing the incident, details are your best friend. Vague statements are easy to dispute, but specific facts are hard to ignore. Instead of saying you "slipped on a wet floor," explain that you "slipped on a puddle of clear, un-marked liquid in the main aisle near the checkout counters." Pinpoint the exact location and time. Emphasize that the dangerous condition was not visible or expected and that no warning signs were present. Sticking to the objective facts of your slip-and-fall accident builds your credibility and makes it harder for the property owner to argue they weren't negligent. Avoid making assumptions or guessing about what happened; just state what you know to be true.

Use Professional Language

Your demand letter is a formal business document, and its tone should reflect that. While it’s natural to feel angry or frustrated about your injuries, using emotional or accusatory language can backfire. It may cause the insurance adjuster to become defensive and less willing to negotiate fairly. Your goal is to present a logical, fact-based argument for why their client is liable. Keep your language calm, firm, and professional. This shows that you are approaching the situation seriously and are prepared to handle it methodically. A professional tone signals that you mean business and are focused on reaching a reasonable resolution.

Set a Clear Deadline for a Response

Without a deadline, your demand letter can easily end up at the bottom of a pile. Including a specific date for a response creates a sense of urgency and prompts the insurance company to act. It shows that you are organized and expect a timely reply. A reasonable timeframe is typically 30 days from the date they receive the letter. This gives the adjuster enough time to review your documents, investigate the claim, and formulate a response. Clearly state that if you do not hear back by the specified date, you will consider your other legal options. This simple step can prevent unnecessary delays and keep your claim moving forward.

State Your Willingness to Negotiate

Your initial demand amount is a starting point for a conversation, not a take-it-or-leave-it ultimatum. It’s standard practice to ask for a higher amount than what you might ultimately accept, as this builds in room for negotiation. You can signal your flexibility by including a phrase like, "I am prepared to discuss a fair and reasonable settlement of this matter." This invites the insurance adjuster to make a counteroffer rather than simply denying your claim. Showing you are open to discussion makes you appear reasonable and can lead to a more productive negotiation process, increasing the chances of settling your personal injury case without going to court.

Common Mistakes That Can Weaken Your Claim

Crafting a strong demand letter is your first real opportunity to show the insurance company you mean business. But a few common missteps can unfortunately undermine your efforts before negotiations even begin. The goal is to present a clear, credible, and compelling case for why you deserve compensation. Steering clear of these mistakes is one of the most important things you can do to protect the value of your claim and set yourself up for a fair settlement. Think of your letter as the foundation of your case—you want to make sure it’s solid, factual, and professional from the very first word.

Vague or Ambiguous Language

When you’re describing what happened and how you were injured, clarity is your best friend. Using vague phrases like “I was hurt badly” or “the floor was messy” leaves too much room for interpretation. An insurance adjuster can easily downplay these statements. Instead, be as precise as possible. Say, “I sustained a comminuted fracture of my left wrist” or “there was a clear puddle of liquid soap covering a three-foot area with no warning sign.” Specific details paint a clear picture of the incident and the severity of your injuries, making it much harder for the opposing side to dispute the facts of your slip-&-fall accidents case.

Exaggerating Your Claims

It can be tempting to embellish the facts to make your case seem stronger, but this almost always backfires. Your credibility is one of your most valuable assets. Insurance adjusters review claims all day, every day; they are trained to spot inconsistencies and exaggerations. If you claim an injury is worse than medical records show or misrepresent how the accident happened, you risk having your entire claim dismissed. Even a small white lie can cast doubt on all the truthful parts of your story. The best approach is to stick to the documented facts. A truthful, well-supported claim is far more powerful than an exaggerated one.

Forgetting to Include Proof

Your demand letter is essentially an argument, and every strong argument needs evidence to back it up. Simply stating your injuries and expenses isn’t enough—you have to prove them. Forgetting to include supporting documents is one of the fastest ways to weaken your position. Your letter should be accompanied by copies of everything that substantiates your claim: medical records, bills from doctors and hospitals, photos of the accident scene and your injuries, and contact information for any witnesses. Each piece of evidence you provide makes your claim more concrete and harder to deny, showing the insurance company that you have a well-documented personal injury case.

Using Emotional or Threatening Words

It’s completely understandable to feel angry and frustrated after an injury, but your demand letter is not the place to vent those emotions. Using accusatory, angry, or threatening language can make the insurance adjuster defensive and less willing to negotiate in good faith. Your goal is to open a professional dialogue that leads to a fair settlement. Keep the tone of your letter calm, factual, and business-like. Instead of writing, “Your client’s carelessness ruined my life,” focus on objectively describing the impact the injury has had on your daily activities, work, and well-being. Let the facts speak for themselves.

Admitting Too Much Fault

Never, ever admit fault or apologize in your demand letter. Even a seemingly harmless phrase like, “I should have been watching where I was going,” can be twisted by the insurance company and used to argue that you were partially or entirely responsible for the accident. In many states, if you are found to be partially at fault, it can reduce the amount of compensation you can receive. Stick to describing the property owner's negligence and the facts of the incident. Your letter should focus on what they did wrong, not on anything you think you could have done differently. Leave the legal arguments about liability to the experts.

Know the Legal Rules

Writing a demand letter involves more than just telling your story and listing your costs. You also need to understand the basic legal framework that supports your claim. Insurance adjusters know these rules inside and out, and they’ll look for any sign that you don’t. Knowing the key legal principles, like duty of care and statutes of limitations, shows that you’re serious and have prepared your case thoughtfully. This knowledge helps you frame your argument correctly and avoid critical mistakes that could jeopardize your claim before it even gets off the ground.

State-Specific Slip and Fall Laws

Every state has laws requiring property owners to maintain a reasonably safe environment for visitors. This is often called "duty of care." For your claim to be successful, you can't just say you fell and got hurt. You have to prove the property owner was negligent. This means showing that they either created the dangerous condition, knew about it and did nothing, or should have known about it and failed to fix it or warn people. Understanding the specific rules for slip-and-fall accidents in your state is the foundation of a strong demand letter, as it allows you to clearly explain why the owner is legally responsible for your injuries.

Critical Deadlines You Can't Miss

Timing is everything in a personal injury case. First, your demand letter should set a clear and reasonable deadline for the insurance company to respond—usually 30 days. This creates a sense of urgency and prevents them from dragging their feet. More importantly, every state has a strict legal deadline for filing a lawsuit, known as the statute of limitations. If you miss this window, you lose your right to sue forever, no matter how strong your case is. These deadlines can vary, so it's crucial to act quickly after an accident to protect your right to seek compensation for your personal injury.

Why You Might Need a Lawyer's Help

You can certainly write a demand letter on your own, especially for minor injuries. However, if your injuries are serious, the property owner is denying all responsibility, or you’re facing complex legal questions, it’s wise to get professional help. An experienced personal injury lawyer understands how to build a compelling case, calculate the full value of your damages (including future needs), and negotiate effectively with insurance companies. They handle the legal heavy lifting, so you can focus on your recovery. An attorney ensures your claim is taken seriously and that you don't settle for less than you deserve.

A Sample Slip and Fall Demand Letter to Guide You

Putting together a formal demand letter can feel like a huge task, but it doesn't have to be. Think of it as telling your story in a clear, organized way that an insurance adjuster can easily understand. A strong letter lays out the facts, details your injuries, and presents a fair settlement demand based on your losses. Following a structured format shows that you are serious and prepared.

Below is a section-by-section guide that breaks down what to include in your letter. Use this as a template to build your own draft and make sure you cover all the essential points.

Section 1: Introduction and Contact Information

Start your letter with a clean and professional header. This section should clearly identify who you are, who you're writing to, and the subject of the letter. Include your full name, address, and phone number, followed by the date. Then, add the contact information for the insurance claims adjuster or the property owner. If you have a claim number, make sure to include it for easy reference.

The opening paragraph should get straight to the point. State that the letter is a formal demand for settlement related to your slip-and-fall accident. Mention the date and location of the incident right away. This direct approach sets a serious tone and ensures there is no confusion about the letter’s purpose.

Section 2: Describing the Incident

In this section, you’ll provide a clear and factual account of how the accident happened. Describe the events in chronological order, leading up to the fall. Be specific about where you were on the property and what you were doing. For example, instead of saying "I fell in the store," write "I was walking toward the dairy aisle when my left foot slipped on a puddle of clear liquid that was on the floor.

Detail the hazardous condition that caused your fall, whether it was a wet floor without a warning sign, a broken handrail, or an uneven sidewalk. If anyone witnessed the incident, include their names and contact information. Stick to the facts and avoid making emotional statements. The goal is to paint a clear picture of the property owner's negligence.

Section 3: Breaking Down Your Damages

Here, you will connect the property owner's negligence directly to the harm you suffered. Start by listing every injury you were diagnosed with after the fall, from sprains and fractures to head injuries. Describe the medical treatment you have received, including emergency room visits, doctor's appointments, physical therapy, and any prescribed medications.

It's also important to explain how these injuries have affected your daily life. Have you been unable to work? Can you no longer participate in hobbies you once enjoyed? Do you need help with basic household chores? Describing the full impact of your personal injury helps the adjuster understand the true extent of your suffering and justifies the compensation you are demanding.

Section 4: Making Your Settlement Demand

After you’ve laid out the facts and detailed your damages, it’s time to state exactly what you’re asking for. In this section, you will make your formal settlement demand. Present a specific dollar amount that you believe will fairly compensate you for your losses. This figure should be the sum of your economic damages (like medical bills and lost wages) and non-economic damages (like pain and suffering).

It is a common practice to demand a slightly higher amount than the minimum you would accept. This signals to the insurance company that you are willing to negotiate. You can briefly state that this amount is intended to cover all past and future medical expenses, lost income, and the physical and emotional distress you have endured.

Section 5: Professional Closing and Next Steps

Conclude your letter with a firm and professional closing. Restate your demand for the specific settlement amount and set a clear deadline for the insurance company to respond—30 days is usually a reasonable timeframe. Mention that you have enclosed copies of all relevant documents, such as medical records, bills, receipts, and photos of the accident scene and your injuries.

State that you expect a timely response and are open to discussing a fair settlement. It’s also wise to indicate that if you cannot reach an agreement, you are prepared to explore your legal options to protect your rights. End the letter with a professional closing like "Sincerely," followed by your signature and printed name. Before sending, consider having an attorney review it to ensure it’s as strong as possible.

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Frequently Asked Questions

How much money should I actually ask for in my demand letter? There isn't a magic formula, but your starting number should be based on a solid foundation. Add up all your concrete financial losses, like medical bills and lost wages. Then, you'll need to calculate a reasonable amount for your pain and suffering. It's standard practice to ask for a higher amount than the minimum you would accept, as this opens the door for negotiation. The key is to demand a figure that is well-supported by the evidence you provide, not one that seems pulled out of thin air.

What happens if the insurance company ignores my letter or gives me a really low offer? First, don't panic. This is a very common tactic used by insurance companies to test your resolve. Your letter should include a firm deadline for a response, and if that date passes with no word, it's a clear signal. A lowball offer is also a sign that they aren't taking your claim seriously. In either of these situations, it is often the right time to consult with a personal injury attorney who can step in and show the insurer you are prepared to fight for a fair outcome.

Is it okay to mention that I'm still in pain, or does that sound like I'm just complaining? You absolutely should describe your pain, but the key is to be factual about its impact on your life. Instead of using emotional language, explain how the pain has changed your daily reality. For example, describe how a back injury prevents you from lifting your child, or how chronic headaches make it difficult to concentrate at work. By connecting your pain to tangible life changes, you are documenting your "pain and suffering" in a way that is credible and compelling.

Do I have to include receipts for everything, or can I just estimate my costs? You must provide proof for every expense you claim. Your credibility depends on backing up your words with documentation. For costs you've already paid, include copies of every bill, receipt, and pay stub. Estimates are only appropriate for future medical care, and even then, they should be based on a formal opinion from your doctor, not your own guess. A claim built on solid evidence is much harder for an insurance company to dispute.

Can I really write this letter myself, or do I absolutely need a lawyer? You can certainly write a demand letter on your own, and for claims involving minor injuries, it can be an effective first step. However, if your injuries are serious, the medical bills are piling up, or you believe you'll need long-term care, getting a lawyer's help is a wise move. An experienced attorney knows how to accurately value a complex claim and can prevent you from settling for less than you deserve. They also send a powerful message to the insurance company that you are serious about protecting your rights.

 
 
 

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