By Brian Madigan LL.B.
The latin expression "volenti non fit injuria" means "no harm done if a person consents". It underlies the legal doctrine of the "voluntary assumption of risk".
Basically, it is a defence in tort law. If there is an action which causes injury, there is no claim if the injured party had given their consent. However, consent means "informed consent" by someone who fully appreciates the risks. So, if someone is injured bungee jumping, then they can't sue the proprietor. But, if the rope breaks, then they can sue. They accepted the ordinary risks of the event, not the unusual, unexpected, or unanticipated risks.
The risk of sports injuries follows this doctrine. There are highly publicized cases, which go beyond a sports injury. These are usually the consequences of a fight, or injuries outside the scope of the normal sporting event. In some cases, these actions can be criminal, and in that case, the doctrine of "volenti" does not apply because no one can consent to a crime.
There are circumstances where the application of the doctrine has been eroded. These are situations involving trespassers, passengers travelling in vehicles with drunk drivers and other similar circumstances.
The doctrine of "volenti non fit injuria" has limited application in the field of property, real estate and land law, except for tresspassing and occupiers' liability.
Brian Madigan LL.B., Real Estate Broker is an author and commentator on real estate matters, Royal LePage Innovators Realty