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Volenti Non Fit Injuria

   Also found in: Medical, Wikipedia 0.03 sec.
Volenti Non Fit Injuria

[Latin, To the consenting, no injury is done.] In the law of Negligence, the precept that denotes that a person who knows and comprehends the peril and voluntarily exposes himself or herself to it, although not negligent in doing so, is regarded as engaging in an assumption of the risk and is precluded from a recovery for an injury ensuing therefrom.

Cross-references

Assumption of Risk.



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DEFENCE OF CONSENT OR VOLENTI NON FIT INJURIA As in the criminal setting, a defendant in an action for damages for assault can raise the defence of consent or volenti non fit injuria where the plaintiff consented to the assault and, if successfully raised, this will be a complete defence to the plaintiff's claim.
Ainsi recue en matiere delictuelle, la defense d'ex turpi causa se voit, a toutes fins pratiques, assimilee a la defense de volenti non fit injuria.
In the past, when participants have been injured in volunteer sporting activities, the legal liability has traditionally rested with the injured party, on the basis of volenti non fit injuria (voluntary assumption of risk).
 
 
 

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