A commercial transport operator cannot rely solely on a bodyworks installer's certification that a modified vehicle meets regulatory requirements; the operator must independently assess whether modifications present foreseeable, not insignificant risks of harm to passengers. The absence of prior incidents is relevant but not determinative of foreseeability. The dissent highlights that foreseeability under s 43(1)(a) of the Civil Law (Wrongs) Act 2002 (ACT) requires assessment of the risk of harm, not merely the risk of an antecedent event.
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