No injury is done to a willing person.
The legal maxim is of latin origin meaning those who voluntarily agree to danger cannot ask remedy for the same. In literal meaning the maxim means that when a person agrees to danger then he cannot file a complaint for any damages suffered by him during the process. Here, it is necessary the consent was taken freely and voluntarily by the person and was not obtained by illegal means, and that the person was aware of what he might be subjecting himself to.
If a person decides to jump into the cage of the lion in the zoo voluntarily, then he can’t sue the zoo for damages.
National Insurance Co. Ltd. v. Gonti Eliza David, (1984 ACJ8)
The Bombay High Court held that if the driver had suffered the injury due to his rash and negligent driving, following the maxim of“volenti non fit injuria” a claim could not have been maintainable.
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