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Legal Definitions - volenti non fit injuria

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Definition of volenti non fit injuria

Volenti non fit injuria is a Latin legal principle that translates to "to a willing person, no injury is done." This maxim means that if an individual *knowingly* and *voluntarily* exposes themselves to a risk of harm, they generally cannot later claim compensation for any injuries that result from that accepted risk. It is based on the idea that one cannot complain about harm if they freely consented to the activity that caused it, understanding the potential dangers involved.

Here are some examples to illustrate this principle:

  • Example 1: Extreme Sports Participation

    Imagine a person who decides to go bungee jumping. Before participating, they are required to read and sign a waiver that clearly outlines the inherent dangers of the activity, including risks of equipment failure, physical injury, or even death. If, during a jump, they suffer a sprained ankle due to a slightly awkward landing (not caused by negligence from the operator), they would likely be barred from suing the bungee jumping company. By signing the waiver and proceeding with the jump, they knowingly and voluntarily accepted the risks associated with bungee jumping.

  • Example 2: Spectator at a Sporting Event

    Consider a baseball fan who chooses to sit in the front row behind the dugout at a professional game, despite prominent warning signs advising spectators to be aware of foul balls and broken bats. If a foul ball is hit directly into the stands and strikes the fan, causing a minor injury, they might be prevented from suing the baseball team or stadium for negligence. By selecting a seat in an area known for such occurrences and being aware of the warnings, the fan voluntarily assumed the risk of being hit by a ball as an inherent part of attending a live baseball game.

  • Example 3: Consensual Physical Activity

    Two friends agree to engage in a friendly, but competitive, wrestling match in a padded gym. During the match, one friend accidentally twists their knee while attempting a move. Although the injury is unfortunate, the injured friend would likely not be able to successfully sue the other friend for causing the injury. By mutually agreeing to participate in a physical contact sport, both individuals knowingly and voluntarily accepted the inherent risks of minor injuries that can occur during such an activity, provided the other person did not act with excessive force or malicious intent.

Simple Definition

Volenti non fit injuria is a Latin legal maxim meaning "to a willing person, no injury is done." This principle states that if someone knowingly and voluntarily accepts a risk of harm, they generally cannot seek legal compensation for any resulting injury. It reflects the idea that one cannot be wronged by something to which they have consented.

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