An occupier of commercial premises is not necessarily in breach of its duty of care by failing to retrofit existing facilities with newer safety equipment where the prevailing industry practice is not to do so, and where there are legitimate countervailing safety considerations supporting the existing design. The foreseeability of risk under Wyong Shire Council v Shirt does not automatically establish breach; the magnitude of the risk, its probability, and the difficulty and expense of alleviating action must all be weighed.
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