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Cyclist Could Be Contributory Negligent For Not Wearing a Helmet
Mon 9th Mar 09 - 9:18

Smith v. Finch, QBD, 22/1/09

Griffith Williams J. held that, although there was no legal compulsion for cyclists to wear helmets, there was no doubt that a failure to wear a helmet might expose a cyclist to a greater risk of injury; the situation was directly analogous to the failure of a car-user to wear a seat-belt.

However, on the facts of the present case there was no finding of contributory negligence as there was no medical evidence that the claimant's injuries would have been reduced or prevented by wearing a helmet.

Source: Law Brief Publishing

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