Volenti non fit injuria: To one who consents, no injury is done

 Volenti non fit injuria: To one who consents, no injury is done

"Volenti non fit injuria" is a legal principle that translates to "to one who consents, no injury is done." This principle is often used as a defense in cases involving personal injury or damages. It essentially means that if an individual willingly and voluntarily exposes themselves to a known risk, they cannot hold the other party responsible for any injury or damages that result from that risk. 

For example, if a person willingly participates in a risky activity, such as bungee jumping or skydiving, and they are injured as a result, they cannot sue the bungee jumping or skydiving company for their injuries because they willingly and voluntarily assumed the risk. In this case, the person's consent to participate in the risky activity would serve as a defense against a claim of personal injury.

The "volenti non fit injuria" principle is based on the idea that individuals have the right to make their own decisions and bear the consequences of those decisions, as long as their actions do not harm others. It is important to note that this principle is not always a successful defense and will depend on the specific circumstances of the case.

There are several situations in which the "volenti non fit injuria" principle may not be a good defense. Some examples include:

• When the risk was not fully disclosed or understood: If an individual was not fully aware of the risks associated with an activity, they may not be considered to have voluntarily assumed the risk. For example, if a bungee jumping company fails to disclose that their bungee cords have a history of breaking, and an individual is injured as a result, the "volenti non fit injuria" principle may not be a successful defense because the individual was not fully informed of the risk.
• When the risk was not voluntarily assumed: If an individual was coerced or pressured into participating in an activity, they may not be considered to have voluntarily assumed the risk. For example, if a person is forced to participate in a risky activity against their will, the "volenti non fit injuria" principle may not be a successful defense.
• When the risk was not reasonable: If an individual willingly participates in an activity, but the risk of injury was unreasonable given the circumstances, the "volenti non fit injuria" principle may not be a successful defense. For example, if a bungee jumping company fails to properly maintain their equipment and an individual is injured as a result, the "volenti non fit injuria" principle may not be a successful defense because the risk of injury was unreasonable.
• When the injury was caused by negligence: If an individual is injured as a result of another party's negligence, the "volenti non fit injuria" principle may not be a successful defense. For example, if a bungee jumping company fails to properly train their employees and an individual is injured as a result, the "volenti non fit injuria" principle may not be a successful defense because the injury was caused by the company's negligence.