Updated: Oct 18, 2020
VOLUNTI NON FIT INJURIA
In this case Hall v. Brookland Auto Racing Club ,the respondents (Brookland Auto Racing Club) owned a motor racing track which was oval in shape and distanced 2 miles. It is also constituted with a finishing line stretching over a 100 feet wide. Spectators were allowed to enjoy the races in the strands provided for them upon payment. They were also allowed stand outside the railing on their own interest. During the race , two cars going at hundred miles per mile , collided with each other killing two of the spectators and injuring others. An incident like this has never happened in the racing history. An action was brought before the court by one of the spectators (Hall) who got injured due to the collision, against the racing club for inviting the spectators to witness the dangerous sport without providing any warning or notice.
1. Did the defendant company omit to give a warning or precaution for the safety of the spectator?
2. Whether the defendant can be held liable?
CASE COMMENT :
The House of Lords observed that there was no negligence in the part of the defendant company and it was only the duty of the racing company to see that the track that would be used for racing was free from danger. The defendant proved that there was no such accident as occurred before , the company was under no duty to take all the precautionary measures as it was not foreseeable. It also held that the plaintiff impliedly took the risk of such injury while purchasing the tickets for the show. Hence , the plea was not maintainable and the defendant company can’t be held
I totally agree with the decision of the House of Lords. It has rightly applied the maxim , VOLUNTI NON FIT INJURIA.
Volunti Non Fit Injuria is a legal maxim , which means whoever voluntarily gives consent of any harm to suffer , would not be liable to claim any damages. This consent by the by the plaintiff is a good defense against himself.
Credit: SITHI FATHIMA S.A.M.T
Clg name: SCHOOL OF EXCELLENCE IN LAW , THE TAMIL NADU DR AMBEDKAR LAW UNIVERSITY , CHENNAI.