7+ Volenti Non Fit Injuria: Definition & Examples

definition of volenti non fit injuria

7+ Volenti Non Fit Injuria: Definition & Examples

This legal principle signifies that no injury is done to one who consents. It operates as a defense in tort law, asserting that an individual who knowingly and willingly accepts a risk cannot later sue for damages resulting from that risk. For instance, a spectator at a sporting event who is injured by a stray ball may be barred from recovery if the risk of such an occurrence is considered inherent to the activity and the spectator voluntarily assumed that risk by attending.

The significance of this concept lies in its recognition of individual autonomy and freedom of choice. It promotes personal responsibility and acknowledges that individuals can validly waive their right to sue for certain harms. Historically, its application has evolved alongside societal views on negligence and the scope of personal liability, influencing judicial interpretations and the development of related legal doctrines, such as assumption of risk and contributory negligence. The principle seeks to strike a balance between protecting individuals from harm and respecting their right to make informed decisions about the risks they are willing to undertake.

Read more