LAME BRAIN CLAIM

Citi helmet suit

A 75-year-old man who rode a Citi Bike without a helmet and then crashlanded on his head can sue the city — because it didn’t force him to wear the protective gear, an appeals court ruled Thursday.

A lower court had tossed Ronald Corwin’s claim as nonsense last year, but in a decision that could have widespread ramifications — and open the door to a deluge of lawsuits against the city — three of five Manhattan appeals-court jurists reinstated the case.

The judges agreed with Corwin’s argument that the city “can’t have it both ways” by blaming him for not wearing a helmet while not mandating them.

“They can’t say, ‘[He] didn’t have a helmet,’ ” and also claim, “‘ We don’t provide helmets because we know our city bike-share program is not going to work if we have a helmet law,’ ” his lawyers argued.

Corwin says he lost his sense of taste and smell in the 2013 crash, in which he hit a concrete wheel stop on the East Side and landed on his unprotected head.

He is suing for $60 million.

Helmets are required only for riders under age 13, but Citi Bike does offer them for rent in partnership with providers at a few locations.

When the issue of requiring helmets for all riders was being argued under Mayor Mike Bloomberg’s administration, his spokesman John McCarthy said enforcing such a rule would be impractical.

Lawyer Daniel Flanzig, who specializes in cyclist lawsuits, said the ruling could have a wide effect.

“Any [company that] rents a bike in New York is going to have to make sure that they make helmets available to the riders or they could be sued on that theory alone,” Flanzig said.

The ruling “solidifies any claim against any bikerental company that does not make helmets available to rider,” he explained.

“It’s always a good idea, both legally and practically, to make helmets available.”

Another legal expert, lawyer Daniel Wallach, said that Corwin still needs to win on the merits of the case but that the appealscourt ruling could boost his chances of collecting from the city for his injuries.

Reps for Corwin and the city did not immediately comment.

A Citi Bike spokesman said, “We are evaluating the court’s divided decision in this case involving this plaintiff ’s bicycle accident several years ago.”