Volenti Non Fit Injuria – Legal Maxim of the Day

century law firm legal maxim volenti non fit injuria

Term- volenti non fit injuria

Translation- injury is not done to the willing

Definition- Notion that a person cannot bring a claim against another for injury, if said person willingly placed themselves in a situation where they knew injury could result.

“Volenti non fit injuria” is a legal maxim in Latin, which means “to a willing person, no injury is done”. It is a defense that can be used in civil and tort law cases, where the plaintiff is claiming damages for injuries suffered, but the defendant argues that the plaintiff voluntarily assumed the risk of harm and therefore cannot claim compensation.

The defense of “volenti non fit injuria” can be applied in cases where the plaintiff has knowingly and willingly accepted the risks associated with an activity, such as participating in a dangerous sport, and has given their consent to any harm that may occur as a result. In such cases, the defendant may argue that the plaintiff was aware of the risks and voluntarily assumed them, and therefore cannot claim compensation for any harm suffered.

However, it is important to note that the defense of “volenti non fit injuria” may not be applicable in all cases, as there may be circumstances where the plaintiff did not fully understand the risks involved, or where the defendant was negligent in ensuring the safety of the plaintiff.

Overall, “volenti non fit injuria” is a legal maxim that is often used as a defense in civil and tort law cases, where the defendant argues that the plaintiff voluntarily assumed the risk of harm and therefore cannot claim compensation for any injuries suffered.