Does Michigan Have Comparative Negligence laws impacting personal injury claims? Absolutely, Michigan operates under a modified comparative negligence system, influencing how damages are awarded in personal injury cases. At COMPARE.EDU.VN, we provide detailed comparisons to help you understand your rights and potential compensation. This guide explains how Michigan’s comparative fault rules work, impacting pain and suffering compensation, economic damages, and vehicle damage claims, plus offering comparative insights to navigate these legal complexities.
1. What is Comparative Negligence in Michigan?
Comparative negligence in Michigan, also known as comparative fault, is a legal principle used in personal injury cases to determine the amount of compensation a plaintiff can recover based on their degree of fault in causing the injury. Michigan law stipulates that if a person is injured due to another party’s negligence, but they themselves were also partially at fault, their damages are reduced by the percentage of their own negligence.
For example, if someone is awarded $100,000 in damages but is found to be 20% at fault, their compensation is reduced by $20,000, resulting in a net recovery of $80,000. The key statute governing this is MCL 600.2959, which directs courts to reduce damages based on the plaintiff’s comparative fault.
1.1 How Comparative Negligence Works
In Michigan, the comparative negligence law operates under a modified system with a 51% bar. This means that a plaintiff can recover damages as long as they are not more than 50% at fault. If a plaintiff’s negligence is found to be 51% or greater, they are barred from recovering non-economic damages such as pain and suffering.
Example: Suppose a pedestrian is hit by a car while jaywalking. The court finds the driver 70% at fault for speeding and the pedestrian 30% at fault for crossing the street illegally. If the total damages are assessed at $50,000, the pedestrian would receive $35,000 (70% of $50,000). However, if the pedestrian was found to be 60% at fault, they would not be able to recover non-economic damages.
1.2 The Impact on Different Types of Damages
Comparative negligence affects different types of damages in specific ways:
- Non-Economic Damages (Pain and Suffering): These are subject to the 51% bar. If the plaintiff is more than 50% at fault, they cannot recover damages for pain and suffering.
- Economic Damages (Medical Bills, Lost Wages): These are reduced by the plaintiff’s percentage of fault, even if the plaintiff is more than 50% at fault. However, they can not receive non-economic damages
- Vehicle Damage: Claims are affected under the “mini tort” law, where recovery is capped at $3,000 and is reduced by the plaintiff’s percentage of fault. If the plaintiff is more than 50% at fault, they cannot recover anything.
The legal system’s approach to comparative negligence aims to fairly allocate responsibility and compensation in personal injury cases, reflecting the extent to which each party contributed to the injury. For a more detailed understanding, you can consult the relevant Michigan Compiled Laws (MCL) sections, such as MCL 600.2959 and MCL 500.3135.
2. Pain and Suffering Compensation and Comparative Fault
In Michigan, comparative negligence directly affects how pain and suffering compensation is handled in personal injury cases, particularly those arising from car accidents. Understanding this interplay is crucial for anyone involved in such incidents.
2.1 How Pain and Suffering is Assessed
Pain and suffering, often referred to as non-economic damages, includes compensation for physical pain, emotional distress, mental anguish, and loss of enjoyment of life. Michigan law specifies that the assessment of these damages is closely tied to the concept of comparative fault. According to MCL 500.3135(2)(b), the amount a plaintiff can recover for pain and suffering is reduced by a percentage that corresponds to their degree of fault in the accident.
Example: If a driver is awarded $50,000 for pain and suffering but is found to be 10% at fault for the accident, the compensation is reduced by $5,000, resulting in a net award of $45,000.
2.2 The 51% Threshold and its Implications
Michigan employs a modified comparative negligence rule with a 51% threshold. This rule states that if a plaintiff is more than 50% at fault for the accident, they are barred from recovering any compensation for pain and suffering.
Scenario: Consider a situation where two drivers collide at an intersection. If the court determines that one driver was 55% at fault, that driver cannot recover any compensation for pain and suffering, regardless of the extent of their injuries. However, if the same driver was found to be 45% at fault, they could recover pain and suffering damages, reduced by their percentage of fault.
This threshold is critical because it creates a clear line for eligibility. If an individual’s fault exceeds this threshold, they forfeit their right to claim non-economic damages, which can significantly impact the overall compensation received.
2.3 Jury Instructions on Comparative Negligence
To ensure clarity and fairness, Michigan courts provide specific instructions to jurors regarding comparative negligence. Model Civil Jury Instruction 36.06 explains that if the plaintiff’s negligence is 50% or less, their damages for non-economic loss will be reduced by their percentage of negligence. However, if the plaintiff’s negligence is more than 50%, the verdict will be for the defendant regarding the claim for non-economic loss.
Juror Guidance: The jury is instructed to determine the percentage of fault attributable to each party involved. This determination is then used by the court to adjust the compensation accordingly, ensuring that the final award reflects each party’s responsibility for the incident.
Understanding these rules is vital for anyone involved in a personal injury case in Michigan. Consulting with a legal professional can help navigate the complexities of comparative negligence and ensure your rights are protected.
3. No-Fault Benefits and Comparative Negligence in Michigan
In Michigan, the interplay between no-fault benefits and comparative negligence is a critical aspect of understanding auto insurance and personal injury law. The state’s no-fault system is designed to provide immediate medical and wage loss benefits to individuals injured in car accidents, regardless of fault.
3.1 No-Fault Benefits: An Overview
Michigan’s no-fault insurance system ensures that individuals injured in car accidents receive certain benefits regardless of who caused the accident. These benefits, known as Personal Injury Protection (PIP), cover:
- Medical Expenses: Payment for medical treatment related to the injury.
- Lost Wages: Compensation for income lost due to the injury.
- Replacement Services: Coverage for essential services the injured person can no longer perform, such as household chores.
According to MCL 500.3105(2), these benefits are paid “without regard to fault,” meaning that even if a person is 100% at fault for causing an accident, they are still entitled to receive no-fault benefits.
3.2 How No-Fault and Comparative Negligence Differ
The primary distinction between no-fault benefits and comparative negligence lies in their purpose and application. No-fault benefits are designed to provide quick and necessary financial assistance to cover immediate expenses following an accident, irrespective of who caused it. Comparative negligence, on the other hand, comes into play when determining liability and compensation for damages beyond those covered by no-fault benefits, such as pain and suffering.
Key Differences:
- Fault Determination: No-fault benefits are paid regardless of fault, while comparative negligence requires an assessment of each party’s degree of fault.
- Scope of Coverage: No-fault benefits cover medical expenses, lost wages, and replacement services, while comparative negligence addresses non-economic damages like pain and suffering, as well as excess economic losses.
- Legal Thresholds: No-fault benefits are available to anyone injured in an accident, while comparative negligence has a 51% threshold for recovering pain and suffering damages.
3.3 Excess No-Fault Benefits and Comparative Fault
While no-fault benefits are generally paid without regard to fault, comparative negligence can affect the amount of excess no-fault benefits a person can recover. Excess no-fault benefits refer to compensation for medical bills and lost wages that exceed the limits of the standard no-fault policy.
In cases where a person seeks excess no-fault benefits, their percentage of fault for the accident can reduce the amount they can recover. Jury instructions in Michigan, as highlighted in Model Civil Jury Instruction 36.06, state that the percentage of negligence attributable to the plaintiff will be used by the court to reduce the amount of damages for economic loss.
Example: If an individual incurs $200,000 in medical expenses and lost wages but their no-fault policy only covers up to $100,000, they may seek excess benefits from the at-fault driver. If the individual is found to be 20% at fault for the accident, their excess benefits recovery would be reduced by 20%.
Understanding these distinctions is crucial for anyone involved in a car accident in Michigan. While no-fault benefits provide immediate relief, comparative negligence can significantly impact the overall compensation received, particularly for non-economic damages and excess economic losses.
4. Michigan Mini Tort Law and Comparative Negligence
In Michigan, the “mini tort” law allows individuals to recover up to a certain amount for vehicle damage from the at-fault driver in an accident. However, this recovery is also subject to comparative negligence principles.
4.1 Understanding the Mini Tort Law
The mini tort law, officially part of MCL 500.3135, enables a driver to recover expenses for vehicle damage from the at-fault driver, up to a statutory limit. As of recent amendments, the maximum recovery under the mini tort law is $3,000. This law is designed to help cover the costs of repairing or replacing a vehicle when another driver is at fault.
Key Aspects of the Mini Tort Law:
- Maximum Recovery: The current maximum recovery is $3,000.
- Applicability: Applies to vehicle damage caused by another driver’s negligence.
- Purpose: To provide a means for recovering vehicle repair or replacement costs.
4.2 How Comparative Negligence Affects Mini Tort Claims
Comparative negligence plays a significant role in mini tort claims. The amount a driver can recover is reduced by their percentage of fault in the accident. This means that if a driver is partially at fault, their mini tort recovery will be diminished accordingly.
Example: If a driver incurs $2,000 in vehicle damage and is found to be 25% at fault for the accident, their recovery under the mini tort law would be reduced by $500 (25% of $2,000), resulting in a net recovery of $1,500.
4.3 The 51% Fault Rule and Mini Tort Recovery
Similar to pain and suffering claims, the 51% fault rule also applies to mini tort claims. If a driver is more than 50% at fault for the accident, they are disqualified from recovering any damages under the mini tort law. This provision ensures that only those who are less than equally responsible for the accident can benefit from the mini tort law.
Scenario: Consider a situation where a driver is involved in a collision and incurs $3,000 in vehicle damage. If the court determines that the driver was 60% at fault, they cannot recover any amount under the mini tort law, even if their damages are less than the $3,000 limit.
Understanding the interplay between the mini tort law and comparative negligence is essential for anyone seeking to recover vehicle damage costs in Michigan. The application of comparative negligence principles can significantly impact the amount recovered, and those who are more than 50% at fault are barred from any recovery.
5. Comparative vs. Contributory Negligence
Comparative and contributory negligence are two distinct legal concepts that address how a plaintiff’s own negligence affects their ability to recover damages in a personal injury case. Michigan operates under a comparative negligence system, which differs significantly from contributory negligence.
5.1 Defining Contributory Negligence
Contributory negligence is a legal doctrine that completely bars a plaintiff from recovering any damages if they were even partially at fault for their injuries. Under this system, if a plaintiff’s negligence contributed in any way to the accident, they cannot receive compensation from the defendant, regardless of how minimal their fault might be.
Example: If a pedestrian is hit by a car but was jaywalking at the time of the accident, and the jurisdiction follows contributory negligence, the pedestrian would be unable to recover any damages from the driver, even if the driver was speeding.
5.2 How Comparative Negligence Differs
Comparative negligence, on the other hand, allows a plaintiff to recover damages even if they were partially at fault for their injuries. However, the amount of damages they can recover is reduced by their percentage of fault. This system aims to provide a more equitable outcome by allowing recovery proportional to the degree of fault.
Key Differences:
- Recovery Threshold: Contributory negligence bars recovery if the plaintiff is even slightly at fault, while comparative negligence allows recovery as long as the plaintiff is not more than 50% at fault (in modified comparative negligence states like Michigan).
- Damage Reduction: Comparative negligence reduces the damages by the plaintiff’s percentage of fault, while contributory negligence results in no recovery.
5.3 Michigan’s Stance: A Comparative Negligence State
Michigan is a comparative negligence state, as outlined in MCL 600.2958, which states that a plaintiff’s contributory fault does not bar their recovery of damages in personal injury, property damage, or wrongful death cases, except as provided under the comparative fault law. This means that in Michigan, a plaintiff can still recover damages even if they were partially at fault, as long as their fault is not more than 50%.
Legal Provision: MCL 600.2958 explicitly rejects contributory negligence, ensuring that a plaintiff’s partial fault does not automatically preclude them from receiving compensation.
5.4 States Following Contributory Negligence
As of the latest information, only a few jurisdictions still follow the doctrine of contributory negligence. These include:
- Alabama
- Maryland
- North Carolina
- Virginia
- District of Columbia
Understanding the distinction between comparative and contributory negligence is crucial for anyone involved in a personal injury case. The system in place significantly affects the potential for recovery, and Michigan’s adoption of comparative negligence provides a more balanced approach compared to the strict bar imposed by contributory negligence.
6. Pure vs. Modified Comparative Fault Systems
Comparative fault systems vary across states, primarily distinguished by whether they are “pure” or “modified.” Understanding these differences is crucial, as they significantly impact how damages are awarded in personal injury cases.
6.1 Understanding Pure Comparative Fault
In a pure comparative fault system, a plaintiff can recover damages even if they are 99% at fault for their injuries. The damages awarded are simply reduced by the plaintiff’s percentage of fault. This system is considered the most lenient towards plaintiffs, as it allows recovery regardless of the degree of fault.
Example: If a plaintiff is awarded $100,000 in damages but is found to be 90% at fault, they would still receive $10,000 (10% of $100,000).
6.2 Modified Comparative Fault: The 50% and 51% Rules
Modified comparative fault systems place a limit on the plaintiff’s fault. There are two main types:
- 50% Rule: The plaintiff can recover damages only if their fault is 50% or less. If they are 51% or more at fault, they recover nothing.
- 51% Rule: The plaintiff can recover damages if their fault is 50% or less. Once their fault exceeds 50%, they recover nothing.
The key difference is whether being exactly 50% at fault allows recovery (50% rule) or bars it (51% rule).
6.3 Michigan’s Modified Comparative Fault System
Michigan follows a modified comparative fault system with the 51% rule. According to Michigan law, a plaintiff can recover damages if their fault is 50% or less. However, if the plaintiff is more than 50% at fault, they cannot recover non-economic damages, such as pain and suffering. Economic damages may still be recoverable but are reduced by the plaintiff’s percentage of fault.
Legal Basis: Michigan’s adherence to the 51% rule is codified in MCL 500.3135, which outlines the conditions under which a plaintiff can recover damages in personal injury cases.
6.4 States with Pure Comparative Fault
As of the latest information, the following states adhere to the pure comparative fault system:
- Alaska
- Arizona
- California
- Florida
- Kentucky
- Louisiana
- Mississippi
- Missouri
- New Mexico
- New York
- Rhode Island
- South Dakota
- Washington
6.5 States with Modified Comparative Fault
The majority of states follow a modified comparative fault system. Examples include:
- 50% Rule: Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, South Carolina, Tennessee, Utah, West Virginia.
- 51% Rule: Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Vermont, Wisconsin, Wyoming.
Understanding whether a state follows a pure or modified comparative fault system is essential for assessing potential recovery in a personal injury case. Michigan’s 51% rule provides a specific framework that impacts the ability to recover damages based on the degree of fault.
7. Real-World Examples of Comparative Negligence in Michigan
To illustrate how comparative negligence works in practice in Michigan, consider the following scenarios:
7.1 Scenario 1: Car Accident at an Intersection
Situation: Two cars collide at an intersection. Driver A claims Driver B ran a red light, while Driver B argues that Driver A was speeding.
Investigation: Police investigation and witness testimonies reveal that Driver A was indeed speeding, and Driver B entered the intersection slightly after the light turned red.
Determination of Fault: The court determines that Driver A was 30% at fault for speeding, and Driver B was 70% at fault for running the red light.
Outcome: If Driver A suffered $50,000 in damages, their recovery would be reduced by 30%, resulting in a net compensation of $35,000. However, if Driver A was found to be 60% at fault, they would not recover any non-economic damages like pain and suffering, though they might still recover a portion of economic damages.
7.2 Scenario 2: Slip and Fall Accident
Situation: A customer slips and falls in a grocery store. The customer claims the store failed to clean up a spill, while the store argues the customer was not paying attention.
Investigation: Security footage shows that the spill had been present for a short time, and there were warning signs nearby. The customer was also looking at their phone at the time of the fall.
Determination of Fault: The court determines that the store was 60% at fault for failing to promptly clean up the spill, and the customer was 40% at fault for not paying attention.
Outcome: If the customer incurred $20,000 in damages, their recovery would be reduced by 40%, resulting in a net compensation of $12,000. If the customer was deemed 51% or more at fault, they would not recover non-economic damages.
7.3 Scenario 3: Bicycle Accident
Situation: A cyclist is hit by a car while riding on a city street. The cyclist claims the driver was negligent, while the driver argues the cyclist was not using a designated bike lane and was not wearing reflective gear.
Investigation: Evidence shows that the cyclist was riding outside the bike lane, and it was dusk, with limited visibility. The driver was also slightly exceeding the speed limit.
Determination of Fault: The court determines that the driver was 65% at fault for speeding, and the cyclist was 35% at fault for riding outside the bike lane and not wearing reflective gear.
Outcome: If the cyclist suffered $80,000 in damages, their recovery would be reduced by 35%, resulting in a net compensation of $52,000. If the cyclist’s fault exceeded 50%, they would not be able to recover non-economic damages.
These examples illustrate how comparative negligence is applied in Michigan courts. The determination of fault is critical, as it directly impacts the amount of compensation a plaintiff can recover. Understanding these scenarios can help individuals better assess their potential recovery in personal injury cases.
8. Legal Resources and Guidance in Michigan
Navigating the complexities of comparative negligence in Michigan requires access to reliable legal resources and professional guidance. Here’s how to find the help you need:
8.1 Finding a Qualified Attorney
One of the most crucial steps is to consult with an experienced attorney who specializes in personal injury law in Michigan. A qualified attorney can provide personalized advice, assess the merits of your case, and guide you through the legal process.
How to Find an Attorney:
- Referrals: Seek recommendations from friends, family, or other attorneys.
- Online Directories: Use online legal directories to find attorneys in your area.
- State Bar Associations: Consult the State Bar of Michigan for a list of qualified attorneys.
8.2 Understanding Michigan Compiled Laws (MCL)
Familiarize yourself with the relevant sections of the Michigan Compiled Laws (MCL). These laws provide the legal framework for comparative negligence and personal injury claims.
Key MCL Sections:
- MCL 600.2958: Addresses contributory fault and its impact on recovery.
- MCL 600.2959: Outlines the process for reducing damages based on comparative fault.
- MCL 500.3135: Pertains to the mini tort law and its relation to comparative negligence.
- MCL 500.3105: Discusses no-fault benefits and their applicability regardless of fault.
8.3 Utilizing Online Legal Resources
Numerous online resources can provide valuable information about Michigan law and comparative negligence.
Recommended Websites:
- Michigan Courts Website: Offers access to court rules, jury instructions, and case information.
- State Bar of Michigan Website: Provides resources for finding attorneys and understanding legal topics.
- Legal Blogs and Forums: Many legal blogs and forums offer insights into personal injury law and comparative negligence in Michigan.
8.4 Consulting Model Civil Jury Instructions
Michigan Model Civil Jury Instructions provide guidance to jurors on how to apply the law in specific cases. Reviewing these instructions can help you understand how a jury might assess fault and damages in your case.
Key Jury Instructions:
- M Civ JI 36.06: Explains comparative negligence in auto accident cases and its impact on economic and non-economic damages.
By utilizing these legal resources and seeking professional guidance, individuals can better navigate the complexities of comparative negligence in Michigan and ensure their rights are protected.
9. Recent Updates and Changes to Michigan’s Negligence Laws
Michigan’s negligence laws, including those related to comparative fault and auto insurance, have seen several updates and changes in recent years. Staying informed about these changes is crucial for understanding your rights and obligations.
9.1 Changes to the Mini Tort Law
One significant update involves the mini tort law, which allows individuals to recover vehicle damage costs from the at-fault driver. Recent amendments have adjusted the maximum recovery amount.
Current Status: As of recent updates, the maximum recovery under the mini tort law is $3,000.
9.2 Modifications to No-Fault Insurance Benefits
Michigan’s no-fault insurance system has undergone substantial changes, impacting the availability and scope of benefits. These changes include modifications to medical expense coverage, lost wage benefits, and the ability to sue for pain and suffering.
Key Modifications:
- Medical Expense Options: Policyholders now have the option to choose different levels of medical expense coverage, affecting premium costs.
- Restrictions on Lawsuits: Changes have been made to the criteria for suing for pain and suffering, potentially impacting the success of personal injury claims.
9.3 Court Decisions Affecting Comparative Negligence
Court decisions play a crucial role in interpreting and applying comparative negligence laws. Recent rulings can clarify how the law is applied in specific situations and may impact future cases.
Impactful Court Cases:
- Case Name and Summary: Specific court cases have addressed issues such as the determination of fault in complex accidents and the application of comparative negligence in specific injury types. Reviewing these cases can provide insights into how courts interpret and apply the law.
9.4 Legislative Actions and Future Outlook
Legislative actions can introduce new laws or amend existing ones, further shaping the legal landscape of negligence in Michigan. Monitoring legislative activity can provide insights into potential future changes.
Future Legislative Focus:
- Proposed Amendments: Stay informed about proposed amendments to existing laws related to comparative negligence and auto insurance.
- New Legislation: Keep an eye out for new legislation that could impact the rights and obligations of individuals involved in personal injury cases.
Staying abreast of these updates and changes is essential for anyone involved in or potentially affected by Michigan’s negligence laws. Consulting legal professionals and monitoring official sources can help you remain informed and prepared.
10. Frequently Asked Questions (FAQs) About Comparative Negligence in Michigan
To further clarify the concept of comparative negligence in Michigan, here are some frequently asked questions:
10.1 What is comparative negligence?
Comparative negligence, also known as comparative fault, is a legal principle used in personal injury cases to determine the amount of compensation a plaintiff can recover based on their degree of fault in causing the injury. In Michigan, if a person is injured due to another party’s negligence but was also partially at fault, their damages are reduced by the percentage of their own negligence.
10.2 How does Michigan’s comparative negligence law work?
Michigan operates under a modified comparative negligence system with a 51% bar. This means that a plaintiff can recover damages as long as they are not more than 50% at fault. If a plaintiff’s negligence is found to be 51% or greater, they are barred from recovering non-economic damages such as pain and suffering.
10.3 Can I recover damages if I was partially at fault for an accident in Michigan?
Yes, you can recover damages if you were partially at fault for an accident in Michigan, as long as your fault is not more than 50%. Your compensation will be reduced by your percentage of fault.
10.4 What happens if I am more than 50% at fault for an accident in Michigan?
If you are more than 50% at fault for an accident in Michigan, you cannot recover non-economic damages such as pain and suffering. However, you may still be able to recover economic damages, such as medical expenses and lost wages, but these will be reduced by your percentage of fault.
10.5 How does comparative negligence affect my no-fault benefits in Michigan?
No-fault benefits in Michigan are paid regardless of fault. This means that even if you were 100% at fault for causing a car accident, you are still entitled to receive no-fault benefits to cover medical expenses, lost wages, and replacement services.
10.6 What is the mini tort law in Michigan, and how does comparative negligence affect it?
The mini tort law in Michigan allows individuals to recover vehicle damage costs from the at-fault driver, up to a certain amount. As of recent amendments, the maximum recovery under the mini tort law is $3,000. However, the amount you can recover is reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover anything under the mini tort law.
10.7 What is the difference between comparative negligence and contributory negligence?
Contributory negligence is a legal doctrine that completely bars a plaintiff from recovering any damages if they were even partially at fault for their injuries. Comparative negligence, on the other hand, allows a plaintiff to recover damages even if they were partially at fault, with the amount of damages reduced by their percentage of fault. Michigan follows a comparative negligence system.
10.8 What is the difference between pure and modified comparative fault systems?
In a pure comparative fault system, a plaintiff can recover damages even if they are 99% at fault, with the damages reduced by their percentage of fault. In a modified comparative fault system, there is a limit on the plaintiff’s fault. In Michigan, which follows a modified system with a 51% rule, a plaintiff can recover damages if their fault is 50% or less.
10.9 How can I find a qualified attorney to help me with my personal injury case in Michigan?
You can find a qualified attorney by seeking referrals from friends, family, or other attorneys, using online legal directories, or consulting the State Bar of Michigan for a list of qualified attorneys in your area.
10.10 Where can I find more information about Michigan’s comparative negligence laws?
You can find more information about Michigan’s comparative negligence laws by consulting the Michigan Compiled Laws (MCL), utilizing online legal resources, and consulting Model Civil Jury Instructions. Key MCL sections include MCL 600.2958, MCL 600.2959, MCL 500.3135, and MCL 500.3105.
Understanding these FAQs can help you better navigate the complexities of comparative negligence in Michigan and ensure you are well-informed about your rights and obligations.
Navigating the complexities of comparative negligence requires a comprehensive understanding of Michigan law and its application to various scenarios. At COMPARE.EDU.VN, we strive to provide clear and comparative insights to help you make informed decisions.
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