Volenti Non Fit Injuria

Volenti Non Fit Injuria is a legal principle stating that a person who knowingly and willingly engages in an activity cannot later claim damages for any injury that occurs as a result. In essence, it is a doctrine of consent that negates liability for harms that are incurred in activities where individuals accept the risks involved.

The maxim has roots in Roman law and has been utilized in English common law since at least the 19th century. Its origins reflect the principle of voluntary assumption of risk embodied in tort law.

In modern law, this principle is often invoked in personal injury cases, particularly in sports or recreational activities where participants assume the risk of injury. It is assessed based on whether a party had full knowledge of the risks and consciously accepted them, thereby limiting the avenues for recovery in tort actions.

• A spectator at a baseball game is injured by a foul ball but cannot sue the team as they voluntarily accepted the risks of attending the game.
• A person who signs a waiver before participating in a skydiving activity cannot later sue for injuries sustained during the jump, as they were aware of and accepted the inherent risks.

• Wooldridge v. Sumner (1963)