Volenti non fit injuria

Assumption of risk - the defence to a tort claim if what has happened to the plaintiff is something he should have reasonably expected.

Volenti non fit injuria (Latin "to a willing person, no injury is done" or "no injury is done to a person who consents")

This defence does not apply if the claimant simply knew of the risk but did not understand the risk.

Nor does it apply where the claimant has to accept the risk as in the case of Smith v Baker (1891) and the  employee's knowledge of the existence of a danger does not in itself amount to consent to run the risk.  However such knowledge may operate to establish contributory negligence on the part of the claimant.

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