Where a loader creates a hidden danger by departing from established safety practices (here, failing to install restraining bars), and the employer's system of work fails to detect that danger through inadequate inspection procedures, the loader bears predominant responsibility (75/25 apportionment). A concurrent tortfeasor cannot obtain contribution from an employer in respect of costs ordered in favour of the worker where workers' compensation regulations would have precluded costs orders between employer and employee in hypothetical proceedings.
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