A five-year accident-free history is a significant factor in assessing the probability of harm under s 5B(2)(a) of the Civil Liability Act 2002 (NSW). The fact that residential premises could be made safer (e.g., by lowering a blind over a plate glass window) does not establish that a reasonable person would have taken that precaution. Trial judges should expressly reference and apply the s 5B framework rather than merely addressing its requirements implicitly.
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