Smith v Finch [2009] EWHC 53

Facts:

  • C was severely injured in an accident when hit by a motorcyclist.
  • C was not wearing a cycle helmet and the injuries were to his head when was slowing down and was hit by D approaching from the other direction.

 Ratio:

  • Judgment for claimant.
  • On the balance of probabilities, D had been travelling at excess speed. He was entirely to blame for the collision.
  • On the balance of probabilities, C would not have sustained less injuries had he wore a helmet.
  • D failed to discharge the burden of proving contributory negligence.

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