An occupier who creates a risk of injury (by propping up a vehicle bonnet with vice grips on a defective gas strut), has knowledge of and control over that risk, and fails to warn a worker or stop work may bear substantially greater responsibility (80%) than the worker's employer (20%), even where the employer owes a non-delegable duty of care, where the employer had no knowledge of the specific risk as it manifested on the day. The culpability attaching to a failure to warn depends on what the duty holder knows about both the likelihood of the risk eventuating and the degree of harm, and different levels of awareness of likelihood justify significantly different apportionments.
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