« Happy New Year! | Main | The New York Legal Blog Round Up »

January 04, 2009


Feed You can follow this conversation by subscribing to the comment feed for this post.

John Halton

I'm not a tort lawyer, so I'm dredging up recollections from law school over a decade ago, but isn't this the one about voluntarily accepting the risk of injury?

So a defendant to a claim of negligence has a defence if the plaintiff was "volens" as to the risk - i.e. had behaved so recklessly as to have brought their misfortune upon themselves, even if the defendant might ordinarily have been liable for negligence. A sort of souped-up version of contributory negligence.

I heard of one case here in England (unreported, the barrister was a friend-of-a-friend) where a lorry driver who went through a red light and hit a cyclist was held not to be liable because the lorry driver's barrister persuaded the judge that riding a bicycle through Manchester city centre was so recklessly foolhardy that the cyclist was "volens" as to the risk...

The comments to this entry are closed.

My Photo

About This Blog

Sui Generis Partner

Other Sui Generis Sponsors

Receive Updates Via Email


  • This site is intended purely as a resource guide for educational and informational purposes and is not intended to provide specific legal advice. This site should not be used as a substitute for competent legal advice from a professional attorney in your state. The use and receipt of the information offered on this site is not intended to create, nor does it create, an attorney-client relationship.

    Please feel free to contact me via e-mail or otherwise. However, please be advised that an attorney-client relationship is not created through the act of sending electronic mail to me.

    The comments on this blog are solely the opinions of the individuals leaving them. In no way does Legal Antics or Nicole L. Black endorse, condone, agree with, sponsor, etc. these comments.

    Further, any information provided on this blog or in the comments should be taken at your own risk.