Case Overview – Norman v TAC (Volenti non fit injuria)

'Volenti non fit injuria'

"Sounds Latin. That's a dead language, right?" It is (for the most part, anyway!).

Unfortunately, the legal profession has continued to use many confusing Latin phrases, and this one is no exception.

VOLUNTARY ASSUMPTION OF RISK

The Latin principle of 'volenti non fit injuria' or simply 'volenti' means the voluntary assumption of risk. It is a defence at common law in a claim for damages for negligence for the defendant to prove that the plaintiff (the injured person who brings the claim) fully comprehended the risk of injury that materialised and chose to accept it.

If a person voluntarily assumes the risk of injury, they are not entitled to common law damages, even if another person's negligence causes the injury. The defence is underpinned by the idea that no wrong is done to someone who consents.