Define: Volenti Non Fit Injuria

“Volenti non fit injuria” is a Latin legal maxim meaning “to one who is willing, no harm is done.” In legal contexts, it refers to the defence of consent, where a person knowingly and voluntarily exposes themselves to a risk or danger and subsequently suffers harm. The principle states that if an individual voluntarily assumes a risk or consents to an activity, they cannot later claim compensation for any resulting injuries or harm. This defence is often invoked in cases involving sports, recreational activities, or employment situations where participants understand and accept the risks involved. However, for the defence of volenti non fit injuria to apply, the consent must be informed, freely given, and not obtained through coercion or deception.

The principle of volenti non fit injuria, often truncated to ‘volenti’, can be pleaded as a defence to an action in tort. The word ‘volenti’ implies willingness or consent, and the defence implies that the claimant’s injuries arose from actions that he entered into voluntarily. The requirements of the defence are interpreted quite strictly by the courts and, for policy reasons, there are circumstances where it cannot be used at all. An employer, for example, cannot use it to defend against an action in negligence by an employee. A person who goes to the rescue of a victim of the defendant’s negligence is not ‘volenti’, if the circumstances were such as to make a rescue attempt foreseeable. This latter restriction also applies to ‘professional rescuers’: there is no fireman’s rule in English law.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.