Volenti non fit injuria is a Latin phrase which can be translated “for a willing person, there is no harm.” It is used as a defense in civil cases. Someone who attempts to sue because he or she knowingly engaged in dangerous activities and was injured may not be able to recover damages, under the argument that the person knew the risks and consented. However, volenti non fit injuria is not a blanket defense which excuses people of all potential suits.
In a simple example of this type of defense, an American football player takes to the field with the understanding that she or he may be involved in tackles and other sports maneuvers which could result in personal injury or even death, because of the nature of the game. As a result, if someone is tackled and sustains a head injury, that person cannot sue, because the player willingly participated, being aware of the risks. On the other hand, if a player beans another player over the head with a stick, the injured player has grounds for suit because being hit on the head with a stick is not a known and accepted risk of playing American football.
Two components must generally be present for the volenti non fit injuria defense to be accepted. The first is that the injured party knew the risks and was aware of the risks in detail; simply knowing, for example, that skydiving is dangerous would not be enough. The person would have to be aware of the specific risks associated with skydiving, such as the potential to hit one's head on the descend and sustain a head injury.
Secondly, people must freely consent. Just knowing the risks is generally not considered consent. The injured party must offer oral or written consent. In some regions, people must sign waivers indicating that they understand the risks and consent anyway. For example, before undergoing surgery, patients are usually required to sign a consent reform which states that they were told in detail about the surgery and the risks.
Situations where people could be put in danger are often accompanied with waivers to satisfy both terms of volenti non fit injuria and reduce liability. However, it is still possible to sue on grounds of negligence, even in situations where a waiver is filed. Some examples might include risks which people were not informed about, injuries caused by improperly maintained equipment, and injuries caused by a surgeon who was under the influence of alcohol or drugs.
