A known risk that has not materialised in harm over a prolonged period (here, 22 years) may not constitute a 'substantial risk' for the purposes of establishing negligence, even where the occupier had actual knowledge of the risk. An incremental approach to risk management — monitoring rather than immediate remediation — may be a reasonable response. Where a plaintiff has settled a prior claim encompassing the same injury, the onus lies on the plaintiff to demonstrate that any damages sought do not amount to double compensation.
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