Swimming Pool Safety News

Man Drowns at Apartment Complex in Austin, Texas

Jesse Guerra — Mon, 14 May 2012 18:03:14 -0600

Yet another tragic drowning at an apartment complex has occurred in Texas. Jesse Guerra, our national drowning accident attorney was saddened to hear that yet another Texas drowning occurred. However this drowning was a little different than most others as a man drowned in a hot tub rather than in a pool.

KVUE reported that a man was found in Austin floating in a hot tub of an Austin, Texas apartment complex. 911 was called at 3:30 a.m. on May 8^th by an unnamed man and woman. Dispatchers were told that a man was floating in the hot tub at the Retreat Barton Creek Apartment complex off South Lamar in Austin, Texas. Officers arrived at the scene and found the man face down in the complex’s hot tub, just as described by the callers. Homicide detective were called to the scene, and are currently investigating. The Travis County Medical Examiner’s Office is also conducting an autopsy. The victim has not been identified, and it is unclear whether he lived in the apartment complex.

Texas apartment pool drowning lawyers know that when the cause of death in a drowning accident is not apparent it is difficult for family members to seek judicial relief. In this particular case the victim has yet to be identified, and thus some of the man’s family members have not been notified yet. When the family is eventually notified they will undoubtedly have many questions about how this could have happened. Thankfully, in this case, the police will have already conducted an investigation, and hopefully determined the cause of death.

In a case where the victim’s family is brining a civil suit after a drowning or near drowning, such as an allegation of negligence by an apartment complex owner and/or operator, their apartment pool accident attorney must convince a jury that their side of the story is the correct version. An attorney must prove their facts and elements of the alleged negligence by “a preponderance of the evidence”. This is a legal term without a hard definition, but is generally means “more than 50 percent.” Therefore, if the jury believes the attorney’s version of the facts and that the elements of the crime have been met by more than 50 percent, than the attorney has proved his case.

Our Austin swimming pool accident attorney has worked with many victims harmed in a wide range of apartment drowning accidents. Our firm has vast experience in these types of cases, and understands all of the legal issues related to these events. Our firm can examine the particular facts of your case and determine if you will be able to prove your case by a preponderance of the evidence. If you or someone you know has been involved in a drowning or near-drowning like this case, please contact the J. Guerra Law Firm to learn more about how we can help you.

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Young Girl Drowns in Apartment Swimming Pool

Jesse Guerra — Fri, 11 May 2012 07:56:33 -0600

Our swimming pool attorney was saddened to hear the ABC News report that six year old Jasmin Brown drowned recently in an apartment complex pool on Oakmoor Parkway in Houston, Texas. An adult neighbor who was also at the pool reported noticing the little girl not moving under the water. The neighbor jumped into the pool and was able to bring Brown’s lifeless body out of the pool. Another adult neighbor immediately began CPR on Brown, who was already blue and lacked a pulse, before the arrival of emergency responders. According to the Houston Chronicle Brown was transported to the Houston Children’s Hospital where she was pronounced dead. The Harris County Institute of Forensic Sciences later ruled that Brown’s death was an accident.

Brown had been part of a children’s birthday party at the apartment complex swimming pool on the evening that she drowned. She had been swimming with several other children and many adults were present, including several of her family members. One little girl who was an attendee at the party said that she saw Brown jump into the deepest part of the apartment complex pool, which measured five feet deep. The other children noticed that Brown had been under the water for five to ten minutes before the adult neighbor found her. When she didn’t surface the children thought she was just holding her breath. Sadly, it later turned out that Brown did not know how to swim.

While it may surprise some people that a young girl was able to drown while surrounded by so many people, our Texas swimming pool accident lawyer knows that these sorts of happen on a frequent basis. Our attorney often explains to community members that an overcrowded pool can actually pose an increased risk to users than a pool with fewer users. With too many people in a pool it can be difficult for those at the pool to notice a swimmer that is struggling. Even if a lifeguard is on duty the amount of people and splashing can still make it hard to spot.

Another danger often seen in apartment swimming pool accidents is improper and inadequate maintenance. Apartment complex owners, managers of the facility, and pool maintenance companies may all be held liable for part of the harm in the case of an accident if they did not act reasonably. The law has built in specific rules which allow for all those who contribute to an accident to be held fully or partially responsible for the consequences of their actions. Often there are a variety of people that may be at least partially responsible for the circumstances that lead to the accident. Our drowning accident attorney can help determine who can be held responsible.

Jesse Guerra Jr., our Houston pool attorney, has worked with many victims harmed in these types of apartment swimming pool accidents. Our firm is well versed in understanding all of the legal issues related to these awful events and the steps required to provide accountability to victims. If you or someone you know has been involved in a drowning or near-drowning, please contact our office to learn more about how we can help you.

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Boy Drowns in Florida Hotel Swimming Pool on Trip for Ill Children

Jesse Guerra — Wed, 09 May 2012 15:32:53 -0600

In 2010 twelve year old Terrell Travis Jr. was dying of cancer. According to the Journal Sentinel Travis was offered a chance to visit Disney World through the Michigan-based organization American Dream Flite. Our swimming pool attorney was saddened to hear that the trip took a devastating departure from the intended purpose of helping a very ill child just be a twelve year old boy.

On the evening of April 28, 2010 at the Radisson Resort Orlando in Kissimmee, Florida, Travis was swimming with other children who were on the trip in the resort’s main pool. One of the other children spotted Travis under the water and was able to pull him up from the bottom. Medical professionals who were on the trip as chaperones began resuscitation efforts immediately, but sadly Travis died later at a local hospital. After an investigation an Orlando medical examiner determined that he had died of complications from a drowning.

Prior to the trip Travis had undergone surgery that had left him feeling better than normal. He knew how to swim and was supposed to be supervised constantly as parents are not allowed on the trips. None of the chaperones witnessed Travis going under the water and there was no lifeguard on duty at the resort. Travis’ mother, Angela Jefferson, has brought legal action against American Dream Flite and its insurer, alleging that the organization’s negligence in failing to exercise reasonable care in supervising Travis lead to her son’s death. They are seeking unspecified damages. In 2011 the organization closed due to apparently unrelated reasons.

Our hotel swimming pool accident lawyer knows that all swimming pools can be a dangerous place for any user. Children are particularly prone to falling victim to these accidents, because they do not understand the risks. Those that are charged with watching over young children in swimming pools must take their responsibility seriously. Constantly monitoring children is vital for their protection and can mean the difference between life and death.

Pools can be even more dangerous if owners and operators of pools do not take the proper safety steps. It is vital that these owners and operators take reasonable steps in pool safety and maintenance to prevent accidents. Hotel guests have a reasonable expectation that certain safety steps will be in place when they use hotel swimming pools. When a child dies in a swimming pool accident it often turns out that the pool operator did not meet the standards that the law requires.

Our Texas hotel drowning lawyer has represented numerous families just like the one in Texas and throughout the country. If you or a loved one was involved in a similar hotel pool drowning or near drowning accident contact our swimming pool accident attorney at the J. Guerra Law Firm to learn how we can help you. Attorney Guerra can help determine your legal rights, and the possibility of redress for any harm suffered. We work with victims throughout the nation to help ensure that pool owners and operators are held accountable for their conduct and take steps to prevent future tragedies.

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Near Drowning of Young Boy During Swim Lessons

Jesse Guerra — Mon, 07 May 2012 19:03:14 -0600

Our swimming pool drowning attorney was shocked to hear the LA Times report that a Palmdale, California man has been accused of attempting to drown his seven year old step-son while supposedly giving the boy swim lesson. The man, 21 year old Jacqorie Charles Stansell, has pleaded not guilty to the charges of attempted murder and child cruelty. Stansell’s bail was set at $1 million, and he currently remains in custody.

Witnesses stated that Stansell had been teaching the boy how to swim at their apartment complex pool on the evening of April 29th. It is alleged that after becoming angered that the boy wasn’t learning fast enough, Stansell began holding the boy underwater for up to 15 seconds at a time over and over again. According to witnesses he continued this pattern of holding him under water until the boy’s body was lifeless. Paramedics responded to the scene, and the boy was brought to a hospital where he was revived. At the time of the incident the boy’s mother and 2 year old sister were in their apartment. Both the boy and his sister are currently in protective custody.

Although it is alleged that Stansell took criminal action in this instance, our swimming pool drowning lawyer believes that this case highlights the dangers that a pool can pose for small children and the many ways that pools can be made safer for them. Drowning accidents continue to be one of our nation’s leading causes of accidental deaths of young children. What makes this tragic statistic worse is that so many of these accidents could be avoided by taking simple and well known steps towards pool safety. Easy and quick fixes such installing gates, hiring a lifeguard, using drain covers, and ensuring the water is clear can mean the difference between life and death for a young child. It is the duty of each pool owner and operator to meet these requirements, and if they do not our swimming pool accident lawyer passionately believes that they must be held accountable.

We are proud that our firm is the country’s go-to legal firm for drowning and near drowning accidents. Not only do we advocate for our client’s rights in their specific cases, but we work zealously to spread awareness of pool safety issues in order to make sure that these kinds of accidents are avoided. We strongly encourage all pool owners and operators to meet their duties in keeping their pools as safe as possible.

Our Texas swimming pool accident attorney at J. Guerra Law Firm has worked on cases involving heartbreaking drowning and near drowning of children across the country. Attorney Guerra knows how quickly a pool can turn deadly for a child. If you or someone you know is dealing with such a situation contact an attorney to learn more about your rights. A knowledgeable and experienced attorney can help you and your family after such a horrible incident and make sure a future tragedy can be prevented.

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Update on Drowning Case of Two Young Boys at an Apartment Swimming Pool

Jesse Guerra — Sun, 06 May 2012 11:20:23 -0600

As our swimming pool accident attorney recently reported, two young boys drowned at an apartment complex swimming pool at the Cyprus Court Apartment complex in Montgomery, Alabama. The boys were five and seven year old brothers. They were pronounced dead upon arriving at the hospital. Although few details have been provided on the accident, including the cause of the drowning, our swimming pool drowning accident lawyer was glad to hear news that the boy’s family is taking action.

According to the WSFA News, the family of the two boys has recently filed a wrongful death lawsuit. The suit was brought on behalf of the boy’s parents, Erika Basurto and Maurilio Garcia, against the Cyprus Court Apartments, the manager of the apartment complex Erica Randle, and Fountainbleau Management Services, LLC. The suit was filed in the Montgomery County Circuit Court, and alleges that the defendants were negligent. Specifically, the suit brings allegations that the defendants failed to adequately prevent the children access to the swimming pool, and violation of building codes, ordinances, and standards in relation to swimming pools.

When an accident like this one occurs it is vital to complete an investigation in order to determine what caused the drowning. An investigation can uncover negligence on the part of those in control of the swimming pool. Swimming pools will always present a danger to anyone who uses one. Those in control of swimming pools must take the appropriate steps in order to make sure that their pools are as safe as possible to avoid tragic accidents. This includes providing relevant safety measures for the pool area, such as gates and lifeguards, as well as ensuring that proper pool maintenance is provided for.

By filing a lawsuit the family of these young victims has taken an important step towards redress for the unimaginable suffering that they have been put through. They are also taking an important step towards making sure an accident like this never happens again. Our apartment swimming pool drowning lawyer has worked on similar cases across America and has seen first-hand how hard taking this first step can be. Pursuing legal action can be difficult for a family during their time of mourning, but our swimming pool accident lawyer knows just how important it is to consider this route. Doing so can be an important step in the family’s healing process, can provide vital economic redress, and lead to changes in safety measures.

As we enter the summer months, pools across the country will see more and more swimmers every day. Although a day at the pool is meant to be relaxing it is important to stay vigilant about pool safety, especially during this busy time. If you, or someone you know, has been affected by an apartment swimming pool drowning accident our national swimming pool accident attorney Jesse E. Guerra Jr. can be of assistance. Attorney. Guerra can analyze the specifics of your case in order to help you determine your rights and obtain the appropriate redress.

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Woman Drowns in Apartment Swimming Pool

Jesse Guerra — Wed, 02 May 2012 15:53:33 -0600

Our swimming pool accident attorney was saddened to read the Daytona Beach News-Journal report that 38 year old Kandice McCarthy drowned in the Canalview Apartments complex pool in Port Orange, Florida. McCarthy had been attempting to teach a seven year old boy how to swim when she drowned. According to the police report McCarthy would ask the boy if he was ready, tell him to hang on, and then she would take him under water. They did this several times in a row, but on one dive they failed to surface.

The young boy’s father, 33 year old William Groom, had been present at the pool and claimed that when they didn’t resurface he immediately jumped in and saved his son. He then jumped back in and pulled McCarthy out. The young boy and McCarthy were quickly transported to the hospital where McCarthy was pronounced dead. The young boy was listed in stable condition, and is expected to make a full recovery.

Sadly, the video surveillance cameras show a different story. According to the tapes Groom brought his son to the pool and began drinking while the boy played with other children. McCarthy showed up moments later and began drinking with Groom. McCarthy later got up to go join the boy in the pool, but looked unsteady. She began swimming with the boy, and on the tapes she looked to be struggling to stay afloat before they disappeared below the surface. Groom failed to notice that they hadn’t resurfaced for two minutes, and when he did notice he sat down at the edge of the pool for one more minute watching their motionless bodies. He finally jumped in and pulled the boy out and administered CPR. Five minutes later he pulled out McCarthy and administered CPR. According to the tape the boy was under water three minutes and 13 seconds, and McCarthy was under the water for eight minutes and 34 seconds.

Our swimming pool drowning lawyer was pleased to learn that the Port Orange police are taking the drowning seriously by conducting a full investigation. A few days after the drowning Groom was arrested, and has been charged with child neglect in relation to this incident. An autopsy has been completed and the results of a toxicology report are pending.

Our apartment swimming pool drowning lawyer knows that drinking and swimming pools never mix. Pools are dangerous enough without adding intoxicated swimmers. It is important for those in control of the pool to take reasonable safety precautions to avoid this dangerous combination.

As the months get hotter and hotter apartment residents will be out using the pools at their complexes every day. If you, or someone you know, has been affected by a drowning accident at an apartment complex our pool drowning attorney Jesse E. Guerra Jr. can help determine your legal rights and make sure these awful accidents are avoided.

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Physical Education Teacher Fired After Student Drowning

Jesse Guerra — Mon, 30 Apr 2012 14:18:43 -0600

Last November the community in Wenatchee, Washington was rocked when a high school freshman drowned during what was supposed to be a normal high school swimming class. Our swimming pool drowning lawyer discussed this case last year. According to the Wenatchee World, the day he drowned, freshman Antonio Reyes was participating in a swim class overseen by physical education teacher Ed Knaggs. Students in the next swim class found the freshman’s body at the bottom of the pool’s deep end. According to an investigation he had been underwater for more than 40 minutes. It was Reyes first time in the pool, and his parents claim that he did not know how to swim. A swim assessment was held a week prior to the class, but Reyes did not participate. Knaggs, a certified lifeguard, was supervising 26 students swimming in the class that day.

On April 20^th Knaggs received a letter of termination from the school district after spending five months on paid administrative leave ever since the drowning. The letter laid out 15 points showing probable cause for his firing including, failure to properly assess swimming ability prior to allowing students to swim, failure to provide close supervision, and failure to recognize the signs of swimmer distress. He is appealing his termination. Knaggs will remain the head coach of the Wenatchee AppleSox summer collegiate baseball team, who’s representative viewed the drowning as an isolated, unfortunate event.

Wenatchee School District Superintendent Brian Flores confirmed that Knaggs had been terminated, but was unable to comment on reasons why due to a pending lawsuit against the school district. The lawsuit was filed by the Reyes’ family in December. The suit is asking for $15 million dollar from the school district for criminal negligence and malfeasance by school officials. Jesse Guerra, the swimming pool accident lawyer at our firm has successfully handled many cases just like this one.

Our swimming pool drowning attorney was pleased to hear that the Wenatchee school district has announced that in light of this unfortunate drowning, changes will be made to how high school swimming classes are operated. From now on a standardized test will be used to designate swimmers from non-swimmers prior to the beginning of any swim class. This will help teachers to keep a better eye on those with less swim skills and make sure they stay in the appropriate area of the pool. The school district is also adding an extra lifeguard to each swim class to help monitor the many swimmers. An extra set of eyes on that many swimmers is always a positive change that can increase the level of safety in the pool.

Schools across the country hold swim classes, and many could benefit from changes like the ones the Wenatchee school district is making. Contact the nationally renowned swimming pool accident lawyer Jesse E. Guerra Jr. if you or someone you know has been affected by a drowning accident. Mr. Guerra can help you navigate the legal system and protect your rights after such an awful accident. Mr. Guerra can also help you effect real change for the safety and benefit of all future pool users.

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Two Boys Drown in Apartment Complex Swimming Pool

Jesse Guerra — Fri, 27 Apr 2012 13:45:05 -0600

Our swimming pool accident attorney was saddened to hear that two young brothers were pronounced dead after drowning in an apartment swimming pool this week. According to WSFA News 12, the brothers, age 5 and 7, drowned in a pool at Cypress Court Apartments in Montgomery, Alabama. The two young brothers were taken to the hospital where they were pronounced dead. At this time authorities say that it appears that their deaths were accidental.

Our swimming pool drowning attorney has worked on apartment drowning cases just like this one all across the country. As most know, all pools can present various dangers to swimmers of all ages, however pools at apartment complexes present their own unique dangerous to its users. For example, apartment complex pools are usually open for the use of all apartment residents and their guests despite the fact they are often unsupervised by lifeguards. The owners and operators of apartment complex pools must not only be aware of the dangers of pools in general, but also the dangers that are specific to apartment complex pools. In light of these unique dangers it is vital that the owners and operators take their obligation to ensure the safety of these pools seriously.

Another major problem often seen at apartment complexes is derelict pools. Maintaining a pool can be costly, and many apartment owners and operators are tempted to cut corners on pool upkeep in order to reduce costs. This is unacceptable when it is puts the safety of its users at risk. Despite the costs it may take to keep a pool in safe working order, the law clearly requires it. Swimming pool drowning lawyers know that the safety of pool users is far more important than money, and this priority system must be made a reality by the owners and operators.

When an accident at an apartment pool complex does occur it is important to make sure that an investigation is completed in order to determine the cause. If part of the cause was negligence on the part of the pool owner or operator than an investigation to uncover this negligence can be used to remedy the problem and prevent future accidents. It is important that victims of an accident demand such an investigation to be completed if it is not done automatically. A “silver lining” of preventing future accidents can help in the healing process of the victims of an accident. Further, if a legal case is brought against the owner or operator an investigation can help ensure that the proper redress is received.

As we approach summer, apartment residents will be using their complex’s pools more and more. It is important that all swimmers use caution while swimming in any pool. If you, or someone you know, have been affected by a drowning accident, do not delay in contacting our swimming pool accident attorney Jesse E. Guerra Jr. Mr. Guerra can help determine your legal rights, and the possibility of redress for any harm suffered. With his help you can make sure that similar pool accidents are avoided in the future.

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State-Run Pool Probe Following Drowning

Jesse Guerra — Tue, 24 Apr 2012 13:16:49 -0600

According to The Boston Globe, the Department of Conservation and Recreation’s ten month review of policies and procedures, spurred by the drowning of 36-year-old Marie Joseph in a state-run pool in Fall River, Massachusetts, will likely lead to big changes in the agency. Our swimming pool accident attorney closely monitors all news of swimming pool accidents across the country, and is pleased to see movement towards some much needed changes following this tragic accident.

Last June Jospeh landed on a child after coming down the slide at the Vietnam Veterans Memorial pool. After the collision she resurfaced, but then slipped below the surface unnoticed by lifeguards and the large crowd at the pool that day. Shortly after Joseph went under in the 12 foot deep section of the pool and did not resurface. Her body went unnoticed at the bottom of the pool for two days until it finally rose to the surface.

Swimming pool accident attorney, Jesse Guerra believes that lifeguards can provide a false sense of security to swimmers when they fail to act reasonably. Without the proper pool management, lifeguards are ill-equipped to perform their important function. For example, if the lifeguard cannot see the bottom of the pool he cannot know whether someone in that area needs help. In instances like this the pool should be closed until visibility is restored so that lifeguards are able to do their jobs. Further, lifeguards must be able to give their full attention to swimmers while they are on duty. In order for this to be possible long shifts and lack of breaks must be avoided.

As part of the investigation into this case revealed, the agency believes that it was a mistake to open the pool on that day despite poor water clarity. The decision to open that day has been blamed on inadequate pool management, which has been found to be part of an agency-wide cultural problem of placing too little importance on pool oversight. The report also cited a failure to examine actual staff practices, and encouraging hiring only seasonal rather than permanent staff as another part of this overall problem.

Despite the fact that the slide was determined to not play a role in Joseph’s death, the agency has closed all slides at public pools through the summer. Before making a decision on their future use the agency is awaiting a federal review on their safety. The agency is also recommending the creation of a full-time aquatics division, the hiring of more lifeguards, and a new compliance system. Further, a five year old pool modernization program will be sped up.

Two former state recreation managers have been charged with reckless endangerment of a child for allowing children to swim in the murky water. Our swimming pool accident lawyer believes that had the pool been closed that day this unfortunate accident could have been avoided.

If you or someone you know is faced with the devastation of a drowning contact nationally-renown pool drowning attorney Jesse E. Guerra Jr., who can help you determine if there is a possibility of legal action against the pool owner or operator in your case. The J. Guerra Law Firm can assist you through the aftermath of such a terrible accident, and help ensure that future tragedies are prevented.

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Young Girl Drowns in Florida Resort Pool

Jesse Guerra — Mon, 23 Apr 2012 15:57:40 -0600

With warm weather descending on many parts of the country, more and more families are seeking out aquatic activities to beat the heat. Unfortunately, that also means that tragedies have already struck involving swimming pools. For example, our hotel drowning lawyer was saddened by the horrific news of the drowning of a four year old girl at the Lake Buena Vista Resort and Spa in Florida last week. According to Fox News, the young girl had been going in and out of the resort’s pirate-themed pool all evening. At around 9:00 p.m. the family of the young girl was preparing to head back to the room when she jumped into the pool for one last bit of play time. Just a mere minute later her father found her face down in three feet of water. She was unresponsive and was quickly transported to a local hospital. Tragically, hospital staff was unable to revive the girl, and she passed away.

Hotel swimming pool drownings such as this one occur all too often across the nation. Hotel pools pose a risk to all of its users, but the risks are especially great for the hotel’s smallest guests. Children usually think of pools as mere fun and games. These small guests are often too young to understand the dangers that a pool can pose to them. Owners and operators of these locations know better and must always ensure that everything possible is done to keep young swimmers safe.

Since young children may not have the requisite mental maturity to understand the dangers of pools, it is vital that those who do understand the dangers protect against them. For example, hotels should provide safety plans, lifeguards, gates, and other mechanisms to guard against the dangers where appropriate. These basic safety measures benefit all pool users and often mean the difference between life and death. A hotel’s failure to take reasonable steps to keep swimmers safe is often negligence with significant legal ramifications. It is important for those involved in a drowning at a hotel pool to reach out to a hotel drowning lawyer to ensure their legal rights are protected.

It is important for the family who lost their daughter in this Lake Buena Vista Resort drowning ensure a full and complete investigation into the matter is completed.

The dangers of pools are not a secret, and those that have a responsibility to guard against those dangers must do so. Despite the legal duty that hotel owners and operators have to guard against these dangers, hotels and resorts often fail to take reasonable steps to keep swimmers safe. In cases where this duty has been breached, the owners and operators must be held responsible for their misconduct. This accountability is important to ensure that changes are made in the future to prevent repeat tragedies.

If you or someone you know is hurt in one of these drownings or near-drownings, be sure to contact a qualified professional to learn more about how an attorney with experience in swimming pool accidents can be of assistance. Jesse E. Guerra Jr. is a nationally renowned swimming pool accident attorney. The J. Guerra Law Firm can help you in the aftermath of one of these tragedies to ensure accountability and redress are provided so that no family ever has to experience the same loss.

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