If party A operating multiple tonnes of high-speed steel hurts party B who is not, the dangerous party is party A. They might have been careful enough to discharge any direct liability, but they are *always* the party who bought multiple tonnes of high-speed steel into the situation.
I'm blaming the design itself. If you fall at even moderate speeds, irrespective of whether it's a car, concrete, another bicyclists, or the ground, you will get hurt. Humans do not have the reaction time or biological features necessary to mitigate the damage from falling or careening over the handlebars at 10mph.
The most I've done is lost a saddle because the force of me sitting down while cycling over a pot hole I didn't see snapped it off.
I have however seen many cyclists go over car bonnits, including myself