Evidence of no reported incidents over a prolonged period of extensive use (here, 120,000 passenger trips over 12 years) is powerful evidence that the probability of a foreseeable risk eventuating is minimal, and a trial judge errs in discounting such evidence by substituting their own unsupported expectation. The fact that precautionary measures would have been simple and cheap does not establish that a reasonable person was required to adopt them; the question remains whether the slight risk called for any response at all.
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