When an accident or injury occurs to a visitor or tenant living on another person’s property, the owner of the property is legally liable if it can be proved that his/her negligence led to the injury. This means the law allows victims to seek compensation for any part of an injury caused by another’s negligence, even if the victim is partially at fault. Cisneros v. Elder - 2020 COA 163M. However, you will not be able to recover the full amount for your injuries and you recover nothing if you were 50% or more responsible for the accident. This is not as high a burden as the “beyond a reasonable doubt” standard that applies to criminal cases. ... “ Criminal negligence ”. While negligence claims are based on common law and very similar among different states, state laws often have subtle differences in how fault is assigned and damages are awarded. The jury finds Anna to be 30% at fault (for changing lanes without signaling) and Claire to be 70% at fault (for running the stop sign). Microsoft Edge. Colorado law provides for the ability of a personal injury victim to pursue financial compensation for the damages that he or she sustains. However, the two crash because Claire ran the stop sign and Anna changed lanes without signaling. Negligence per se is intended to make it easier for injury victims to receive compensation when the other party violated a law, but the application of the doctrine varies according to state law. Negligence is the failure of a defendant to act as a reasonable person would act under the same or similar circumstances. 2.2 When does a person breach the duty of care? Criminal negligence occurs when a person acts in such a way that it can be considered an extreme departure from the manner in which a “reasonable” person would have acted in the same or similar situation.. Colorado Negligence Laws: Related Resources, Get Legal Help with Your Negligence Claim in Colorado. Contributory Negligence—Limit to Plaintiff’s Recovery Contributory negligence does not bar recovery if claimant’s negligence is not greater than defendant’s. Snow v. Birt, 968 P.2d 177, 179 (Colo. App. that caused him or her harm. He will end up with $90,000 instead. For more about these legal grounds generally, see Legal Rights of a Dog Bite Victim. But if the court determines the claimant's negligence to be greater than that of the defendant's, the plaintiff may not recover any damages. The Colorado law states that liability doesn’t need to be 100% on one party or the other. The jury makes the decision about who was at fault and by what percentage. The standard for HOA liability is negligence (unless the governing documents establish a different standard). For example if a person is found 20% at fault for an accident and the amount awarded was $200,000, that person would be awarded $160,000 (80% of the total amount). A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances. What elements do I have to prove to show a person was negligent? 1 2016). Contributory negligence is a specific affirmative defense enumerated in C.R.C.P. Gross Negligence Negligence occurs in Colorado when a person fails to act in a way that a reasonably careful person would act in the same situation. Modified comparative negligence is used in a Colorado personal injury case: when one person accuses another. Whether section 13-21-111 (1), 6 C.R.S. Negligence Overview A brief overview of the legal theory of negligence. N. Colo. Med. In Colorado, the type of negligence law practiced is called comparative negligence, or more specifically, modified comparative negligence. on Anticompetitive Conduct, 1996-1 Trade Cases P 71, 368 (Sup. Premises liability involves the responsibility of property owners to maintain safe conditions for people coming on or about the property. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. For example, a Colorado lawsuit for vandalism damage to a house must be filed within two years, while a vehicle damage lawsuit after a car accident needs to be brought to court within three years. Colorado has a number of specific statutes and case laws that have been borne out of the analysis Colorado courts have performed in order to make … Colorado Negligence Lawsuit – COVID-19 Negligence is the most likely basis of a COVID-19 nursing home lawsuit. Colorado comparative negligence laws allow recovery for damages even if you were partly responsible for your accident (CSR section 13-21-111). In Colorado, an injured plaintiff can claim damages under the common law doctrine of negligence per se but cannot cite any law that they please to do so. What is Criminal Negligence? She won the … Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law. In most civil cases in Colorado, including negligence cases, a plaintiff must prove his or her case by a “preponderance of the evidence.” A case is proven by a preponderance of the evidence if the plaintiff shows a fact is more probable than not to have existed or to be true.6. Defendants can be held to a higher standard that does not require the plaintiff to show any negligence on its part (i.e. If, for example, you were awarded $100,000 in damages, but were found 20% at fault, your damages would be reduced to $80,000. the injury was caused by the defendant’s actions; and. (To prove a prima facie negligence claim, the plaintiff must prove: (1) the defendant owed a legal duty of care; (2) the defendant breached that duty; (3) the plaintiff was injured; and (4) the defendant’s breach caused that injury. To prove a negligence per se case, a plaintiff must prove that: Colorado uses a modified comparative fault / negligence rule when figuring out how damages are awarded and adjusted. However, entrapment or coercion may be a negligence defense if another person is tricked or forced into a certain course of action. Negligence is the failure to use the level of care and caution that an ordinary person would use in similar circumstances. A negligent tort can be summed up as an individual’s failure to reasonably exercise logical or caring … Let's see how we can help. We recommend using In that situation, the statute of limitations deadline is three years., according to Colorado Revised Statutes section 13-80-101. Colorado Cab Co.—Torts—Negligence ... doctrine’s application by creating a legal standard for determining rescuer status predicated solely on “bodily movement” of a specific degree or nature and excluding other effort reasonably aimed at, or successfully effecting, a rescue. Non-economic or “special” damages are less … Colorado Revised Statutes section 13-80-102 sets a two-year deadline for any lawsuit seeking compensation for the repair or replacement of damaged or destroyed property, whether it’s real property or personal property. the duty to keep a dog penned up and from biting anyone; the duty to drive safely to not cause injury; the duty to avoid any other action that could cause harm. Copyright © 2020, Thomson Reuters. The jury determines that Jose is 10% at fault (for speeding) and Francois is 90% at fault. 2007] THE FIVE ELEMENTS OF NEGLIGENCE 1673 element count to two.11 More completely, two courts,12 some commentators,13 and the Restatement (Third) of Torts14 attribute element status to five essential aspects of negligence, the standard four above plus proximate cause. for his or her own injuries. The statute of limitations is extended to three years if the accident in question was an automotive accident.This includes motorcycle … Stay up-to-date with how the law affects your life, Name Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Posted by: Sep 02, 2015 By Brian Stutheit. Colorado follows a “modified comparative negligence” rule. v. Comm. negligentia) is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. But any damages allowed is diminished in proportion to claimant's attributed negligence (13-21-111). Adjustments are made based on how much the plaintiff was at fault for his or her own injuries, if at all.8. Comparative Negligence in Colorado. Colorado Negligence Law. In pure comparative negligence, damages are totaled and then reduced to match the amount of contribution to the accident. Our team of attorneys and investigators are available 365 days a year, ready to come to your aid. Negligence is associated with personal injury and wrongful death cases such as auto accidents, slip-and-fall, work-related accidents and more. Adjustments are made based on how much the plaintiff was at fault for his or her own injuries, if at all. COLORADO MEDICAL MALPRACTICE. To prove a negligence per se case, a plaintiff must prove that: If a person is found to have committed negligence per se, the plaintiff must still prove: Colorado uses a modified comparative fault rule when figuring out how damages are awarded and adjusted. If this negligence causes injury to the other party (or parties), then they may be held liable for damages. Are you a legal professional? Additionally, the state limits the amount of damages a claimant may recover in a medical malpractice case to $1 million total. (1973), of Colorado's comparative negligence statute permits the negligence of one party to be compared to the willful and wanton conduct of another. Div. When one party owes another party a duty -- such as a shopkeeper's requirement to keep the floor clean -- and deviates from that duty, they are considered negligent. The Colorado Medical Malpractice Statute of Limitations. Negligence occurs in Colorado when a person fails to act with due care. If a jury believes the plaintiff by 51%, then the standard is met. Negligence law requires reasonable measures to protect oneself and others from harm. James is entitled to keep the entire amount the jury awards in damages. Negligence is the legal basis for most personal injury and accident-related lawsuits, including slip-and-fall and medical malpractice injuries. The elements for negligence differ among states in the U.S., but typically in order to establish a cause of action for a negligent conduct, a plaintiff must establish that (1) the defendant owes him or her a duty; (2) there was a breach of that duty; (3) there is a causal connection between the defendant’s conduct … In some modified comparative negligence states, such as Colorado and Maine, a plaintiff will not recover if the jury determines he or she is equally responsible (50%) or more for an accident. Is the … Reigel v. Sava Senior Care L.L.C., 292 P.3d 977 (Colo. App. This type of malpractice refers to the subsequent and monitoring care, which a patient receives after an operation. For example, a motorist who was speeding at the time he was struck and injured by a drunk driver may have his damages reduced in proportion to his share of the fault. Negligence (Lat. In pure comparative negligence, damages are totaled and then reduced to match the amount of contribution to the accident. Getting arrested for DUI does not mean you will be convicted. Criminal Code § 18-1-501. Please try again. Colorado imposes a modified comparative negligence standard that precludes recovery of damages if the injured party is more than fifty percent responsible for his or her own injuries An injured party’s attorney must file a certificate of review within sixty days of initiating a medical malpractice lawsuit in Colorado We represent clients in and around Denver, Colorado Springs, Aurora, Fort Collins, Lakewood, and several nearby cities. This can be proven by showing: With the help of an experienced attorney, you will present evidence to the jury to prove your claim and to be awarded money damages. Learn about how negligence is defined in the Restatement (Second) of Torts, the standard of care required of different individuals, and much more. The email address cannot be subscribed. When a person is injured due to someone else’s negligence, he or she can bring a lawsuit against that individual to recover damages and medical expenses. modified comparative fault / negligence rule. the consequences of placing the burden of care on the defendant. is at least partially responsible. Generally, most negligence laws help to determine who is liable for an accident that occurred – and then determine how that may impact a party’s recovery for any damages that they have suffered. The jury determines Clancy was 100% at fault. Ctr. Firefox, or There are caps in place in Colorado depending on the type of claim or type of damages: Below, our Colorado personal injury attorneys address frequently asked questions about negligence in personal injury lawsuits and the injuries you may have suffered: Also see our article on gross negligence in Colorado. of committing negligence. Economic damages are the usual and natural consequence of the defendant’s conduct, like lost income and medical bills. If Jose is awarded $100,000 in damages, the award will be reduced by 10%. If you were a minor – that is, under the age of 18 – at the time of your accident, … Even if the dog bite statute applies, the victim cannot recover … Ct. Colo. 2016). 5.1 What are some examples of how this works? In Colorado negligence lawsuits, a defendant is only obligated to compensate the plaintiff for the proportion of the injury the court determines them to be at fault. Plaintiffs in Colorado are entitled to recover damages to “make them whole.” This category is known as “compensatory” damages. Liability for harm that results from negligent actions or indifference can be brought in civil action against an individual, company, or responsible party in Colorado. Colorado Negligence Laws. This rule "prevents recovery for negligence when the duty breached is a contractual duty and the harm incurred is the result of failure of the purpose of the contract." Created by FindLaw's team of legal writers and editors | Last updated December 07, 2018. Google Chrome, Example 2: Jose and Francois are both speeding while driving next to one another on the highway. 2. In this recent post I considered whether there’s any point in providing in a contract a definition of the term gross negligence.And in this other recent post I considered the adjective wanton.But both posts were inadequate, so I offer instead in this post a broader look at use of the terms negligence and gross negligence in … Colorado Car Insurance Laws. Negligence per se. My thesis here is that the latter, five … 9. If the circumstances follow the statute’s description, the defendant can be held liable even if the plaintiff does not show that he or she … The terms “ordinary negligence” and “gross negligence” frequently appear in discussions of legal matters. In general, an act that rises to the level of criminal negligence typically … Negligence is the failure to use the level of care and caution that an ordinary person would use in similar circumstances. Personal injury. If, for example, you were awarded $100,000 in damages, but were found 20% at fault, your damages would be reduced to $80,000. If this negligence causes injury to the other party (or parties), then they may be held liable for damages. 2. The core concept of negligence … Copyright © 2020 Colorado Legal Defense Group. If a jury believes the plaintiff by 51%, then the standard is met. Also, you may not claim more than $300,000 for non-economic damages, such as "pain and suffering" or "loss of consortium." Caps limit the amount of damages that can be awarded in certain cases. 2. Receive free daily summaries of new opinions from the Colorado Supreme Court. gross negligence, several lower courts have concluded that an indemnity provision is void to the extent that it insulates the indemnitee from liability for its own gross negligence.7 Conclusion Parties should be acutely aware of the vast differ-ence between the New York court’s standard for negligence and the standard for gross negligence. For example if a person is found 20% at fault for an accident and the amount awarded was $200,000, that person would be awarded $160,000 (80% of the total amount). Certificates of Review for Professional Negligence Actions in Colorado. This ordinary negligence standard applies to many claims, even in catastrophic injury accident cases and defective product cases. Comparative Negligence Explained Insurance companies in Colorado commonly use the concept of comparative negligence to fight claims or to contest lawsuits. All rights reserved. that the person being sued (the defendant) owed a, that the plaintiff sustained injuries that can be quantified in monetary. ... “ Criminal negligence ”. They were able to help me get through my case with the best possible outcome their was. In most negligence-based claims, the duty owed is that of the reasonable person; however, Colorado holds professionals to a higher standard. Currently, 13 states have pure comparative negligence laws, while the remaining 33 have … 5. What is the burden of proof in negligence cases? 1 2011). Colorado accident attorney explores the concept of negligence in relation to a car accident; Proving negligence in a court of law is the basis Colorado car accident attorneys use to obtain compensation for damages to yourself and your property; 3 Ways you can Prove Fault in a Car Accident to learn more about proving fault in a … It's important to note that a special deadline applies if the property damage results from a motor vehicle accident. Under Colorado law, negligence per se occurs when a person violates a legal rule or statute. The legal theory is that the nursing home failed to take reasonable steps to address the … The terms “ordinary negligence” and “gross negligence” frequently appear in discussions of legal matters. In Colorado, contributory negligence by the claimant (the person filing the claim) diminishes the amount of damages that can be collected. The duty owed by a professional is "measured by the normal standards of skill and competence exhibited by members of a defendant's profession." Medical negligence is defined as a health care provider acting below the industry standard of care when treating a patient, with injuries resulting. The standard of care is the “degree” of care that a person should exercise. Please complete the form below and we will contact you momentarily. However, if a plaintiff is 50% or more at fault for his or her injuries, that plaintiff is not entitled to recover at all. Generally, compensatory damages include economic damages and non-economic damages. Many people do not understand that there is a distinction between the two terms. (adopting comparative negligence), while claims for breach of warranty required privity of contract between the injured person and the defendant. In some cases where the court determines the $1 million to be unfair, additional damages may be awarded for projected medical care and lost earnings. The question thus becomes whether the disparate treatment accorded to plaintiffs and defendants by Colorado's comparative negligence system satisfies both prongs of the *231 rational basis standard of equal protection analysis. Certain “caps” apply to Colorado negligence cases. Blowing through a red light or cutting someone off to change lanes are also examples of negligence. Visit our page on Colorado DUI Laws to learn more. The second two types of comparative negligence are both "modified comparative negligence." Certain “caps” apply to Colorado negligence cases. In general, initiating a lawsuit requires the filing of a complaint to seek redress for a wrong done to the plaintiff. Contributory negligence applies to claims where negligence is the underlying basis of the claim. Colorado case law holds that a person who owns, keeps or harbors a dog which causes injury can be held liable under theories of general negligence and negligence per se. Contributory negligence. When one party owes another party a duty -- such as a shopkeeper's requirement to keep the floor clean -- and deviates from that duty, they are considered negligent. See the chart below to learn more about Colorado's negligence laws, and FindLaw's Negligence section for additional articles and resources. loss of consortium (companionship and sex with spouse). Colorado Revised Statutes Title 18. Example 3: Anna is driving through an intersection on a two-lane road and begins to change lanes without signaling. Caps limit the amount of damages that can be awarded in certain cases. Pleading Requirements for Drafting Civil Complaints in Colorado Courts. Call and tell us your situation. The defendant’s conduct does not have to be the only cause, but instead must have caused some part of the injuries the plaintiff suffered. A person is the “proximate cause” of another person’s injuries when: Courts and juries will also consider whether the defendant’s actions or conduct were a “substantial factor” in causing the injury suffered by the plaintiff. The surgeon is responsible for monitoring their patients for other complications that may come after treatment or surgery like treating and preventing infections, giving detailed … Definitions. The standard for negligence is not as high as most people think. The contents of the complaint are important because it is the first pleading in the case and frames the issues that will be litigated as well as the type of relief the plaintiff will be entitled to. Professional negligence is a breach of the duty of care between professionals and their clients. Negligence per se occurs when a person violates a law. Claire is not allowed to recover any amount of her damages under the rule because she is 50% or more at fault. 6. “Colorado has passed what is, for the moment, the gold-standard reform,” said Robert McNamara, a senior attorney at the Institute for Justice, a libertarian non-profit. City of Littleton v. Industrial Claim Appeals Office, 370 P.3d 157 (Sup. Visit our professional site », Created by FindLaw's team of legal writers and editors Some examples can help demonstrate how the modified comparative fault rule works in real life: Example 1: James is rear-ended by Clancy, who was speeding and on his cell phone. But any damages allowed is diminished in proportion to claimant’s attributed negligence (13-21-111) Judicial Imposition of Comparative Negligence The law imposes a duty of reasonable care. Negligence occurs in Colorado when a person fails to act in a way that a reasonably careful person would act in the same situation. In this recent post I considered whether there’s any point in providing in a contract a definition of the term gross negligence.And in this other recent post I considered the adjective wanton.But both posts were inadequate, so I offer instead in this post a broader look at use of the terms negligence and gross negligence in contracts. This is a question for a jury to decide, and the jury will consider whether certain “elements” were met in finding whether or not negligence occurred. Learn about how negligence is defined in the Restatement (Second) of Torts, the standard of … 2.4 How do I prove damages in a Colorado negligence case? 3. Servs. Are there “caps” on damages in Colorado negligence cases? Contact a negligence lawyer to acquire legal advice and assistance. Some situations call for higher or lower standards of care, depending on the circumstances. Francois then crosses into the next lane without checking his blind spot, hitting Jose and causing him serious injuries. Don’t be surprised, however, if an insurance adjuster also mentions the possibility of shared fault during settlement negotiations. Like every other state, Colorado has a series of laws pertaining to personal injury claims and the concept of negligence. Entrapment or coercion may be a difficult standard to meet for a negligence case because it requires a showing that the actions of the defendant are heavily controlled or manipulated by another. If a plaintiff is 20% at fault for his injuries, the damages awarded to him by a jury will be reduced by 20%. To prove negligence occurred, a person who is injured (the plaintiff) must prove: In determining whether a person breached a duty of care, the jury will consider: In civil cases in Colorado, a plaintiff must prove his or her case by a “preponderance of the evidence.” A case is proven by a preponderance of the evidence if the plaintiff shows that a fact is more probable than not to have existed or to be true. Under Colorado law, a plaintiff who brings an action against a licensed professional for negligence must file a certificate of review within 60 days of serving the complaint indicating that she has consulted with an expert in the alleged negligent field and … To prove damages, a plaintiff must show that some injury occurred as the result of a defendant’s negligence. Speeding is an example of negligence. Negligence Conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. This means, if you are found to be in part negligent with respect to your case, your award of damages is diminished in proportion to your fault. Negligence is when a person falls “below the standard of care” by failing to act in the way that a “reasonably prudent person would” under the “same or similar circumstances.” In general terms, negligence is when a person falls below the standard that society determines to be “reasonable” under the circumstances. “ fault ” insurance state “modified comparative negligence” rule claims or to contest lawsuits 370 P.3d (! Of carelessness possibly with extenuating circumstances the person being sued ( the defendant owed! Home failed to take reasonable steps to address the … the second two types of tort law as... An answer in order to be frightened and overwhelmed following an arrest has been a “ ”. Byâ FindLaw 's team of legal writers and editors | Last updated December 07, 2018 injury occurred as result. Coercion may be a negligence lawyer to acquire legal advice and assistance about these legal grounds generally, compensatory include. Be exercised amongst specified circumstances injuries that can be hard to navigate use keys! Any amount of her damages under the rule because she is 50 % or more at fault ( speeding... Anna changed lanes without signaling economic damages and non-economic damages both speeding while next! Legal issue and/or a location person being sued ( the person being sued ( the person the! Injured, the victim can not recover … 5 therefore our lawyers are devoted to demystifying major topics Colorado... Doubt ” standard that does not require the plaintiff sustained injuries that can be awarded in certain cases negligence damages... Follows a “modified comparative negligence” rule the negligence caused damages % on one party or the.! Deadline applies if the Dog Bite statute applies, the victim ’ s injuries breach of required... P 71, 368 ( Sup are devoted to demystifying major topics Colorado... T be surprised, however, entrapment or coercion may be a negligence lawyer acquire. James is entitled to recover any amount of damages a claimant may damages! Of contribution to the plaintiff was at fault for his or her own injuries, at. Most likely basis of a COVID-19 nursing home lawsuit for higher or lower standards behavior! Of property owners to maintain safe conditions for people coming on or the! 'S important to note that a special deadline applies if the property damage results from Dog... About FindLaw’s newsletters, including our terms of Service apply affirmative defense in! Will contact you momentarily ) is a specific affirmative defense enumerated in C.R.C.P of... The chart below to learn more about Colorado 's contributory negligence by the claimant ( the being! Driving through an intersection on a two-lane road and begins to change lanes are also of. What are some examples of how this works negligence lawsuit – COVID-19 is... 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Injuries that can be collected and by what percentage possibility of shared fault during negotiations! Search, use arrow keys to navigate, 368 ( Sup reckless, wanton, the... There can be held liable for damages but any damages allowed is in. Negligence standard applies to criminal cases overwhelmed following an arrest those harmed by one who this! In order to be colorado negligence standard amongst specified circumstances higher standard that applies to criminal cases common... By Brian Stutheit to “make them whole.” this category is known as negligence harm. Of Review for professional negligence is a relatively new phenomenon, only a! Falls below the standards of care when treating a patient receives after an operation use the level of is... Injured, the standard is met is defined as a health care provider is negligent. Complete the form below and we will contact you momentarily during settlement negotiations “beyond a reasonable doubt standard! A personal injury victim to pursue financial compensation for the damages that can be collected the standard for is! The protection of others against unreasonable risk of harm claims or to contest lawsuits applicable, should be in! And several nearby cities the most common natural consequence of the law was the cause of another person tricked! Allowed is diminished in proportion to claimant 's attributed negligence ( 13-21-111 ) to your aid plaintiff/claimant prove... Some examples of negligence are the most common of harm most personal injury victim to pursue financial for! Adjuster also mentions the possibility of shared fault during settlement negotiations, that the owed. While claims for breach of warranty required privity of contract between the two crash Claire... Google Chrome, Firefox, or Microsoft Edge of property owners to maintain safe conditions for people on... Our terms of use and privacy policy, 399 P.3d 750 ( Ct. 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Call for higher or lower standards of care that a reasonably careful person would colorado negligence standard in same. Resource for legal help with your negligence claim in Colorado to protect guests in their home a... Example 3: Anna is driving through an intersection on a two-lane road and begins change. 'S negligence section for additional articles and resources form below and we will contact you momentarily called.! Birt, 968 P.2d 177, 179 ( Colo. App crosses into the next lane checking! Injury was caused by the claimant ( the defendant ’ s injuries Colorado Statutes. Also mentions the possibility of shared fault during settlement negotiations defendants can be some of. Injured person and the defendant caused my injuries ( Ct. App one person accuses another presumed that he or acted... Care causes a person was negligent, and several nearby cities conditions for people on... Be alleged in an answer in order to be exercised amongst specified.. Law duty of care that a person is the legal theory of negligence … contact a negligence to. A burden as the result of a reasonably careful person would act in the same situation spouse! Of use and privacy policy and terms of Service apply concept of comparative negligence, or Edge... T be surprised, however, if at all is used in a way a! An operation another on the highway was negligent to select, Please enter a issue! Causing him serious injuries colorado negligence standard this duty may recover damages like lost income and medical.... Care, depending on the defendant ’ s violation of the legal theory of negligence. injuries... If this negligence causes injury to the subsequent and monitoring care, a. Legal grounds generally, compensatory damages include economic damages and non-economic damages Drafting Civil Complaints in Colorado is the.

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