Volenti Non Fit Injuria
Literal meaning: “To a willing person, no injury is done”
What does the Latin term "Volenti Non Fit Injuria" mean in law?
Volenti non fit injuria is a common law defense in tort cases holding that a person who voluntarily assumes the risk of harm arising from another's negligent or dangerous activity cannot later recover damages for injuries sustained. The defense requires proof that the plaintiff had full knowledge of the nature and extent of the risk and freely consented to accept it. Unlike contributory negligence, which reduces or bars recovery based on the plaintiff's own carelessness, volenti completely bars recovery because the plaintiff is deemed to have waived any claim. Modern courts apply this doctrine cautiously, often requiring an express or clearly implied agreement to accept the risk.
Source: Torts · Legal Latin
Legal Definition
Volenti non fit injuria is a common law defense in tort cases holding that a person who voluntarily assumes the risk of harm arising from another's negligent or dangerous activity cannot later recover damages for injuries sustained. The defense requires proof that the plaintiff had full knowledge of the nature and extent of the risk and freely consented to accept it. Unlike contributory negligence, which reduces or bars recovery based on the plaintiff's own carelessness, volenti completely bars recovery because the plaintiff is deemed to have waived any claim. Modern courts apply this doctrine cautiously, often requiring an express or clearly implied agreement to accept the risk.
How It's Used
This defense arises most commonly in sports injury cases, recreational activities, and employment contexts where the plaintiff engaged in an inherently dangerous activity. Courts distinguish between mere knowledge of risk and true voluntary assumption, recognizing that economic pressure or lack of genuine alternatives may vitiate the defense.
Example Sentences
The skydiving company successfully raised volenti non fit injuria after the plaintiff signed a detailed waiver acknowledging the inherent risks of the activity.
The court rejected the volenti defense in the workplace injury case because the employee had no realistic alternative to performing the dangerous task assigned by the employer.
Because the spectator chose to sit in an unprotected area near the racetrack despite prominent warnings, the defense of volenti non fit injuria barred her negligence claim.