volenti non fit injuria


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A legal doctrine that states that a person who knowingly exposes him/herself to hazards with potential for bodily harm cannot hold others liable if harm occurs; under the AORD, a person who consents to a medical procedure—or alternatively, decides to forego a physician-recommended therapy—with knowledge that injury is a foreseeable—albeit uncommon—result, waives the right to a future complaint that any ‘foreseeable’ injury was caused by negligence, assuming medical treatment was performed with proper care, and res ipsa loquitur cannot be evoked

volenti non fit injuria

See Assumption-of-risk doctrine.
References in periodicals archive ?
As in the criminal setting, a defendant in an action for damages for assault can raise the defence of consent or volenti non fit injuria where the plaintiff consented to the assault and, if successfully raised, this will be a complete defence to the plaintiff's claim.
Do the lawyers reading this remember the defence of "volenti non fit injuria" used in tort actions?
Ainsi recue en matiere delictuelle, la defense d'ex turpi causa se voit, a toutes fins pratiques, assimilee a la defense de volenti non fit injuria. Par exemple, dans Blakely c.
In the past, when participants have been injured in volunteer sporting activities, the legal liability has traditionally rested with the injured party, on the basis of volenti non fit injuria (voluntary assumption of risk).