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Comment by extraio | Hacker News Reader

I'm wondering what happens when someone gets hit by a car and complains that the bike didn't include a helmet.

Don't get me wrong. I love the idea in every way, shape, and form - but I have serious questions about the legal safety issues.

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Helmet use is an issue we take very seriously. Fortunately, safety has been excellent for US programs, but we try to make sure everyone has access to the right equipment and education. We do require users to sign a waiver saying they understand the risks. Ultimately, it comes down to culture - grabbing a helmet needs to become as natural as putting on your seatbelt or grabbing your coat.

I checked up on the Australian experience, a country known for strict enforcement of helmet regulations, and found this. Perhaps you'll find it relevant.

http://www.cyclehelmets.org/1192.html

Grabbing a helmet isn't like wearing a seat belt. The most a helmet does is reduce minor injuries. There's no evidence that they save lives.

I'm not sure how each service deals with indemnification against such claims, but the legal requirement, if it exists, to wear helmets, certainly makes a difference to uptake.

For health reasons, helmets are not considered as hireable with bikes in the Australian schemes. This makes it extremely difficult for either tourists or casual interests to just get up and go.

Definitely seems the problem is more accessibility than legality. If a helmet was included, it'd be beneficial to all parties - Reducing risk for the company and the customer. That's really the point I'm trying to make.

Well you have to be a registered user to begin using the bikes so I'm sure there are precautionary clauses in their TOS which prevent people from suing for things like that.

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