Volunti Non Fit Injuria

Volenti Non Fit Injuria This a a Latin Maxime that states, No wrong is done to someone who willingly places themselves in a position where harm might result, knowing that some degree of harm might result. This is a defence which may be raised in cases of a tort of negligence by the defence party. For example: accepting a lift from a drunk driver any resulting accident that may occur will be considered as contributing negligence ( volenti non Fit Injuria). Therefore, a person who knowingly and voluntarily risks danger cannot recover for any resulting injury. Insurance compensation may not be applied in cases of volenti Non Fit Injuria. A defense against charges of negligence barring or severely limiting an individual's recovery under the tort of negligence. The defendant must prove that 1) the plaintiff was reasonably aware of and appreciated the danger involved; 2) the plaintiff voluntarily exposed himself to the danger; and 3) the assumed danger was the proximate cause of the injury or damage. The first element required to prove negligence is showing that a duty of care is owed. When one assumes the risk of an inherently dangerous or recognizably potentially dangerous activity, the duty of care is lifted off the individual or entity conducting the activity. With no required duty of care, there can be no negligence. Every person has a de facto duty of evaluating the potential risks or dangers involved in a task before performing it. Upon the failure to do so, the accountability should rely on the same person in case of any harm caused. The victim has no reasonable ground to claim damages if the injury was suffered even after being fully aware of the consequences. #benewinsurance #insurtech #inclusiveinsurance #insurance #reinsurance #takaful