Fitness coach sues realtor after bike race crash
(CNS): Patrick Harfield (45), a local fitness trainer and triathlete, is suing James Bovell, a local real estate broker, after a bicycle crash during a morning time-trial race in East End back in September 2020. Harfield claims he was injured when Bovell lost control of his bike, veered off the road and let go of the bike, which slid and bounced across the road where the race was taking place and collided with Harfield, who was thrown from his bike.
According to the lawsuit filed in the Grand Court this week, Harfield claims that Bovell is liable for his injuries because he caused the crash. He stated that Bovell failed to keep “any or any proper lookout; failed to maintain his bicycle on the road; failed to apply his brakes whether in time or at all and failed to steer or control his bicycle”.
While the suit does not specify on what grounds Harfield is making those claims about why Bovell is to blame, he said he was relying on the doctrine of res ipsa loquitur, where the mere occurrence of the accident is sufficient to imply negligence.
In the writ, Harfield’s attorneys state that after the accident, their client had attended George Town Hospital, where he was diagnosed as having suffered bruising and abrasions to his right shoulder, elbow, hip, knee, left hand and shoulder. He was also unable to extend his right arm and has been left with scarring to his body and continued restriction to his elbow.
Harfield is seeking general and special damages, interest and costs, though no figure has been stated. The lawyers indicated in the court documents that more details of Harfield’s injuries and claim for the special damages will be provided at a later date but will include claims for medical treatment, loss of earnings, equipment and gratuitous care.
See the legal document cause G2023-0157 on the courts’ website here.
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Category: Local News
Nobody seems to care about the most important question, who won?
Did Harfield get back on his bike after the crash and finish? What was his time?
Did Bovell get back on his bike after it had been run over by Harfield and finish? What was his time?
You’re right. These are questions which likely pertain to the eventual outcome of this spurious lawsuit.
Don’t forget that bicycles are classified as vehicles once on the road. I wonder if this will play into it.
Did Harfield even ask Bovell to assist with his medical expenses when the accident happened in 2020? Perhaps if he had Bovell would have paid…
Did Bovell even offer to compensate the other rider for the medical and bike damage that he caused? If he didn’t, maybe he should have…
As my Granny used to say, “If you can’t take the heat, stay out of the kitchen!”
Accidents happen in cycling, it’s part of the sport. Harfield should stop whining and if he can’t stand the heat he should get out of the sport. He will fail in court, and Bovell will take him for costs.
He stated that Bovell failed to keep “any or any proper lookout; failed to maintain his bicycle on the road; failed to apply his brakes whether in time or at all and failed to steer or control his bicycle”.
Wouldn’t the failure to apply brakes in time, as well as to steer clear of an obstacle, also apply to Plaintiff?
Your Honour, I was trying to post a really fast time so I ignored all of the visible warnings of danger.
And I was riding a bike in a prone position to reduce drag and forward visibility.
Most comments are emotional. Law takes no emotions into consideration when trying a case in n court.
The typical example of primary assumption of the risk is participating in sporting events.
Secondary assumption of risk occurs when a defendant does have a duty of due care to the plaintiff and that duty was breached. In these scenarios, secondary assumption of risk will be evaluated as if it were comparative negligence.
assumption of risk. Cornell Law School
https://www.law.cornell.edu/wex/assumption_of_risk
comparative negligence https://www.law.cornell.edu/wex/comparative_negligence
Florida Uses Comparative Negligence Rules https://shinerlawgroup.com/8-things-to-know-about-florida-personal-injury-laws/
Fell v. Zimath
https://casetext.com/case/fell-v-zimath
This is not the USA where sue anyone for anything culture prevails.
i hope you’re not his lawyer because all he will be getting is your bill as compensation with that weak argument. falling off a bike in a bike race is completely in the realm of risks associated with that sport.
Note that the article does not say that Bovell was participating in the mentioned race. Just that he was riding a bicycle which he lost control of. So if Bovell was not participating and driving a car instead, would he not be responsible?
They were both competing, it is in the writ.
In an ideal world, the cyclist who caused the accident should have done the decent thing by apologizing to the other competitor and offering to cover the medical bills and costs to repair the bike.
Some simple human decency could have avoided this entire silly situation.
Its a Canadian thing.
If one of his clients drops a weight on Mr Harfield’s toe & breaks it or skids into during him during a cycling, will he sue them too? If I was his client I’d certainly be thinking twice about it.
James and his legal team will bury Patrick Harfield.
That’s going to be an expensive bill.
Someone please file a strikeout application, this is a waste of court time.
Ordinary negligence is a failure to meet ordinary or standard care. It typically refers to a careless mistake that caused harm to others. Any business or individual can be accused of ordinary negligence, and it is the foundation of all personal injury claims.
A person or business could be held liable for physical or financial harm caused by the careless mistake because they didn’t abide by the duty of care. Ordinary negligence has to be established by the proof of four elements:
☑️Duty of care – it is everyone’s duty to act in a reasonable manner to prevent causing injury to others.
Such lawsuits are overdue in Cayman where “careless mistakes” are usual and customary.
So you seriously think this should apply to competitors in a sporting activity?
And how foreseeable was this?
I am always wary of these types of lawsuits but I try to put myself in the person’s shoes.
If I crashed my bike due to someone else’s negligence and got hurt and had medical bills to pay, should I just shrug my shoulders and say “it was an accident so I should bear all the costs?”
Just because something is not done intentional does not automatically relieve someone of accountability.
Before we “crucify” the person bringing the suit as a “money-hungry opportunist” lets wait to hear the facts of the case.
You are missing the point that this is a race, where even professional cyclists wipe out.
If I was a batter in a softball came and I hit a line drive that nails the pitcher, should I be liable to the pitcher?
They were in a bike race. Riding their bikes as fast as they possibly can. Wrecks/accidents are likely if not inevitable. The individual has to accept that risk if they are going to participate.
this is where today’s litigious society gets lost.
What if it’s in an organised event?
‘In organised events, particularly events designated a “race” the law infers that the competitors have assumed a certain amount of risk on entry. That isn’t to say that anything goes, and another rider could never be liable for injuring you in a race, but the bar is a great deal higher.’
https://www.cyclinglawyer.co.uk/site/services/cycling-accident/another-cyclist/
Agreed, most of these comments are jumping the gun without knowing the facts of the case. Through no fault of his own, the cyclist incurred physical injury, medical bills and damage to a very expensive bicycle.
Is it fair that he just eats these costs himself while the cyclist who caused all of the damage just walks away?
Yes it is because you can be injured in any like sport. If he was smart he would have insurance to cover such an event.
If you suffered injuries in any circumstances in which someone probably could have, and should have, taken reasonable steps that would have kept you safe, then negligence has likely occurred, and you may have valuable legal rights to seek compensation.
The so called victim was a willing participant choosing to partake, not an unrelated pedestrian.
It’s like going surfing and getting mad at the waves for pushing another surfer into you accidentally, but in this case, freakin gravity
Allegations! Not proven and he entered a race that posed a level of risk! Maybe he should stick to riding a tricycle instead ? You don’t come out to play with the big boys and throw a tantrum when you get bruised up!
This is how you destroy the underlying nature of competitive sport. If when entering organised competition brings intimidation of who’s potentially going to sue whoever during an event and therefore given extra room to participate, it’s the lawyers that control the outcome of the event, quasi legalised match fixing.
This is exactly the point! I’m sure if Mr. Bovell had taken responsibility and agreed to settle this peacefully and amicably it would never have gotten to this point. I’ve got probably a fraction of the wealth he does, but if I had caused the accident I would at least make an effort to make it right – whether it be a payment plan or something. The fact that he didn’t try to make it right just shows his character and lack of moral compass.
The fact is Mr. Bovell caused the accident, either him and/or his bike veered over the center line of the road and collided head-on with Mr. Harfield coming in the opposite lane which resulted in thousands of dollars worth of equipment damage, medical bills and injuries. Just because something is an accident doesn’t mean there’s no one at fault. I don’t understand why the seriousness of the accident being downplayed just because both men were on bicycles (which are capable of reaching extremely high speeds). If both men had been driving motorcycles or cars, there would be unanimous agreement that Mr. Bovell is at fault and either he or his insurance company would be expected to pay for the damages.
Reading some of these comments is further proof of the growing number of studies showing that most motorists don’t see cyclists as human beings. This type of mentality is why we’ve been seeing increasing numbers of cycling and pedestrian hit-and-run fatalities in Cayman in recent years.
‘If both men had been driving motorcycles or cars, there would be unanimous agreement that Mr. Bovell is at fault and either he or his insurance company would be expected to pay for the damages.’
Unless blatantly negligent probably not 10:48. How many motorcycle/race car incidents do you know of that the competitors have been taken to court ?
Hmmm, an elderly woman ran into my achilles tendon with her shopping cart at Fosters about 4 years ago. It hurt real real bad.
I’m gonna call my lawyer. I smell money…
What If she had poor balance, poor vision and maybe some other physical or mental impairments that put her and others at risk?
Well, why not if there are grounds for a lawsuit. Too many disregard safety of others. Regardless of the outcome it would bring attention to personal, corporate, governmental negligence in many areas.
Maui residents are suing its government for gross negligence that caused a biblical scale fire, annihilated Lahaina city literally evaporated hundreds of residents.
Cayman Dump fires are regular and caused by CIG negligence.
What a joke. “An accident happened, i got a boo boo and now I want money.” These kind of people are what is wrong with the world.
Patrick Harfield certainly looks in very good health on his Instagram page.
Check it out.
Look can be deceiving
It is better to look good than to feel good – Fernando.
9:32, I certainly do not see any restriction to his elbow in the Instagram pictures.
Do you?
I would think Bree Mills axiom ‘any exposure is good exposure’ probably doesn’t apply here 🙄
Thankfully our judicial system rests in the hands of intelligent people who hear all the facts before casting judgement.
hahahahaha
This wanky bike was on the back of a wanky Jeep that cut me off in traffic last week.
Maybe, just maybe if you ride a bicycle like you drive the crash was your fault? Maybe?
James, happy to submit dash cam footage of said wanky Jeep.
How pathetic.
His bike was probably worth more than your honda fit!
I thought triathletes were supposed to be tough. Harfield is being presented by his lawyers as a spineless wimp.
the bandwagon “triathletes” ruined the sport and made it dangerous. Harfield is a true athlete, james bovell…..
Any race where a competitive element is how fast you can get dressed is a complete joke anyway.
Times are hard, let me think back on someone I can sue for something!
Hey, Mr Harfield. I see in your action photo you are wearing a helmet. But why would you need a helmet?
Dave chapelle voice … * gotcha b:/?h *
😂
Sounds like he is upset that the old real estate dude was ahead of him on that fancy bike.
Breaking news: Shock as person falls off bike during bike race! Other competitors astounded as the absolutely bloody obvious happens yet again! Days since crash during a bike race remains stuck at zero for the 150th year in a row!
You make no sense.
This is a frivolous lawsuit that the courts should not even entertain hearing as it sets a dangerous precedent for more frivolous lawsuits to follow. Historically, Cayman has avoided the ridiculous litigiousness seen in the United States, so let’s not start now. Clearly, this guy and his attorney are going after someone who they believe has deep pockets. They are most likely hoping for a quick settlement, and it looks like the defendant has called their bluff.
Hear hear
We don’t know all the facts (like the McDonalds hot coffee ccase–you’d agree with the outcome if you read all the facts); however, absent gross negligence, most jurisdictions won’t entertain even comparative negligence in tort in common accidents associated in a race or competition. If a bystander were injured, then there might be a case against the sponsoring organization for failure to use care in protecting on-lookers (like a baseball bat accidentally slipping from the hands of a MLB player and smashing the face of someone seated in the stands (which is why parks put up nets) but that’s not the case here.
i got 2nd hand embarrassment reading this. His father must be so proud.
Great marking on his part. I’m sure people will line up to use him now. Might as well pack his bags. Perhaps that’s the plan.
This is hilarious. Please can someone live stream the judge’s face when presented this case?
Right now I am seeing his lawyers face, as he/she laps at the trough of another meritless case.
I fell from my bike the other day after my wheel lost traction in some muddy slime accumulated by the kerb. Should I sue God for the rain that caused it, or public works for not cleaning it up? I mean it could never be my fault for not looking at the road surface after such heavy rains now could it?
“res ipsa loquitur, where the mere occurrence of the accident is sufficient to imply negligence”
Utter nonsense. Res ipsa loquitur applies to situations such as the gunpowder warehouse blowing up and injuring its neighbors, where it can be assumed that negligence of some kind occurred.
It does not apply to the inherent hazards of a sport in which Mr. Harfield agreed to participate and expressly acknowledged and assumed the risk. Bicycle racing regularly causes fatalities, such as Gino Mader in the Tour de Suisse, or Wouter Weyland in the Giro d’Italia. There is no question that crashes and injuries occur with regularity in cycling and triathlon, and no one goes running about crying “negligence”. Mr. Harfield is a victim of his own decision to participate in an activity which has inherent risks. The notion that cycling crashes and injuries in competition do not occur absent negligence is ridiculous. I understand that some athletic performance products impact brain function, but come on.
Indeed, learned colleague. As the doctrine of assumption of risk continues to be eroded where there are deep pockets of government and corporate defendants, I’d hate to see it not apply here assuming there was no intent or wanton disregard.
What a cry baby… boohoo I scraped my knee 3 years ago so now I’m going to sue the successful businessman to try and make a quick buck. If this joke of a lawsuit, get any traction, I hope Bovell’s lawyers tear this fool apart. How ridiculous can you be, it’s like a mockery to the courts.
Seriously?
You’d think it was his mother putting the case forward lol.. “he was diagnosed as having suffered bruising and abrasions” AWWW boo hoo! Mama’s little boy got a scraped up knee while riding his bicycle with the other kids, yawn.
How petty this brudda can be? He obviously didn’t fling the bicycle after you purposely. That na no $299 bike.
Caymanians grew up bucking their toes on iron shore and popping each other asses on bicycles same way. Leave this American-like sue ya fa any and everything culture over there please. We might complain bout everything here but at least we aren’t suing left right and center to clog up courts.
Bizarre
Hard to control the bike if you are in the middle of falling off it ! No chance I’m hell this dude will get any damages. I guess he is “trying a ting”
Tri-bikes are ugly and should be banned. Same goes for aero bars and saddle mounted bottle holders.
Sounds like Bovell is to blame. Don’t worry people, he can afford it!
This happened in 2020… the brudda waited till 2023 to sue? What a trifling piece ah garbage. Pretty hard to control your bike when you’re in the process of falling off of it. Obviously Bovell didn’t do it on purpose.
Wow if this really goes to court and gets traction, then I am going to sue anyone who leaves a shopping cart out at the supermarkets
For real… this guy is ridiculous. Cry us all a river, if a judge doesn’t laugh him right out of the court room, come see the ridiculous claims to be made going forward
That’s how it started in ‘murica….
There’s never been a better time to sue!
They are now starting to redirect their aggression within their own group and cannibalising each other. Love it
Fun to watch as the ol’ crabs in a bespoke, luxury bucket try to pull each other down.
Don’t have words for this type of person!
Get a life
No surprise that this case has now appeared given that local lawyers can now take contingency payments. Expect to see more of these cases.
just looking for a quick payday
Yes, the lawyer is.
Frivolous and stupid.
Seriously? Suing someone because of an accident in a bike race?
What about a basketball foul? Or a hard spike in a volleyball game?
Did this guy have beers with a lawyer who said, hey, let’s sue that guy.
greedy fool…hope he loses a fortune in legal fees.
One can only hope and have to pay for wasting Bovell’s time and his lawyers
What madness. I am sure they all signed waivers when signing up for this race. Never heard of anyone suing another participant in a race on this Island. Clearly he just thinks he can make a quick buck from a successful businessman. Shame on him.
A waiver, if there was one, would only protect the organizer from liability. Unless Harfield issued a waiver to Bovell (which obviously wasnt done), there would be no waiver protection.
This is what happens when you open the flood gates to make the 100k population quota. The place gone to s#$t!!!
Agreed 4.20.
Never a better time to buy a bicycle.