Nice, comment, Ben.
To be honest, if I'm in immediate danger of loosing my life or anyone of my family, friends, relative etc. and the laser in my hand is only possible way how to revert it, I would use it by instinct. I would not care about attacker's eye damage much. Firstly if warning flash would not deter him, I think he would be surprised at least to give me some time to escape. If that is not the case and he tries further, I would blind him and do what's needed. If that will be damaging the attacker's eyes or not, that would be an answered question already as the attacker did not care about them because of continuing attack. The same I would treat any weapon. Than I would seek for an excelent lawyer.
I only hope I will not need to use laser in this way.
I noticed that from laserpainting I got quite an accurate aiming skill before I fire the laser. Once in operation you might quickly reaim it to a desired fine point, if you miss the target. With very high powers and below one third of NOHD, the pernament eye damage is very likely to happen in fraction of blink reflex time and for sure the attacker will be flashblinded (assuming using green or blue of high powers).
Still I do not see laser (if not a dazzler) as a very effective self defence tool, there are better options on the market. You might even take some self defence training and carry the skill all the times.