volenti non fit injuria [Latin: no wrong is done to one who consents] The defence that the claimant consented to the injury or (more usually) to the risk of being injured; in negligence cases it is more often expressed as voluntary assumption of risk. Knowledge of the risk of injury is not sufficient; there must also be (even if only by implication) full and free consent to bear the risk (Simms v Leigh Rugby Football Club Ltd [1969] 2 All ER 923). A claimant who has accepted the risk of injury has no action if the injury occurs. The scope of the defence is limited by statute in cases involving business liability and public and private transport. |