Volenti Non-Fit Injuria or Voluntary Assumption of Risk


This is an expression used by lawyers to describe a defence available to the TAC in a common law damages claim. In TAC common law claims the defence usually arises in circumstances where the negligent party had consumed alcohol in the company of the injured person prior to the accident. TAC might seek to argue that the accident victim knew or ought to have known that the negligent party was so affected by the consumption of alcohol that travelling in the car with that person involved a voluntary assumption of risk. The defence is rarely ever successful, however, in such cases there is usually a reduction in damages made for contributory negligence or “Con Neg”.