If you fall off due to your mistake, fair enough, I'm 100% with you. But if someone knocks you off I fail to see how you are contributing to your injuries.
The problem with this ruling is that now, any time somebody hits you and you get injured, they can say it's partly your fault, due to the precendent establish by the Robert Smith case, or whatever.
If someone knocks you off your bike its their fault. End of.
But if you try to sue them for injuryies that you could have avoided by wearing a helmet. I'm sorry but I start to lose my sympathy. Having said that, cycle helmet use is not legally enforced, so the grounds for counter-sueing seem a bit ridiculous. Also, the fact is a helmet can lessen head injuries, it will very rarely prevent them completely. So its a bit of a non-argument.
If someone knocks you off your bike its their fault. End of.
But if you try to sue them for injuryies that you could have avoided by wearing a helmet. I'm sorry but I start to lose my sympathy. Having said that, cycle helmet use is not legally enforced, so the grounds for counter-sueing seem a bit ridiculous. Also, the fact is a helmet can lessen head injuries, it will very rarely prevent them completely. So its a bit of a non-argument.