Volenti non fit injuria is a legal principle derived from Roman law that translates from the Latin to “no injury is done to one who consents.” The basic concept of this legal maxim is that a person cannot sue or seek recovery from a wrongdoer for injuries when they voluntarily agree to assume the risk of such injury. In modern terms, this could apply in situations where a consenting party fully understands the inherent risks associated with their actions, such as a person who voluntarily enters into a risky business transaction or agrees to participate in a potentially dangerous recreational activity.
Consent as a Legal Defense to Injuries Sustained by Voluntary Activity
Conceptually, the volenti non fit injuria doctrine is similar to the affirmative defense known as “assumption of the risk.” This defense holds that an injured party cannot recover damages for injury from an activity if they knew and voluntarily accepted the risks associated with such activity. A common example is a person who voluntarily participates in a competitive contact sport knowing that they could be injured due to the nature of the contact involved. If a person were to sue a fellow participant in the sport, the accused party could successfully argue that no injury occurred due to the voluntary assumption of the risk.
How Volenti Non Fit Injuria Applies in Modern Applications
The volenti non fit injuria doctrine applies to more than just physical activities; it also provides a defense for a broad range of voluntarily entered-into activities. Consider a business agreement that involves a complicated transaction and contains a warning of the potential risks associated with the transaction. If the other party fully understands the risks and enters into the transaction anyway, they can’t expect compensation if they suffer a financial loss. Similarly, if someone engages in a recreational activity that requires a waiver of liability, it is likely that the doctrine applies.
When Volenti Non Fit Injuria Doesn’t Apply
The key to applying the volenti non fit injuria doctrine is proving that the injured party fully understood and consented to the risks associated with their activity. If there is any evidence that the consent wasn’t voluntary or that the risks weren’t discussed beforehand, the plaintiff can still recover damages under the auspices of the principle of “no duty to warn.” Under this principle, an injured party may still be able to receive compensation even if they were aware of the potential risks involved in their activity.
It is important to note that volenti non fit injuria does not absolve a wrongdoer from liability in all situations. A certified professional such as a doctor or a lawyer may still be held responsible for negligence regardless of a patient or client’s consent.