There are three defenses to the tort of negligence (tip-make sure you know all of them One of them is the voluntary assumption of risk (called volenti non fit injuria, or volenti for short). This means that the plaintiff voluntarily assumed both the physical and legal risks, such as when a friend knowingly gets into a car with a drunk driver, and explicitly releases the other person of the responsibility. Another example is when we participate in a risky activity like sky diving, and we sign a waiver to say that we are willingly and voluntarily partaking in the activity and release the skydiving company from responsibility for any injuries. But does volenti apply to rescuers? If you choose to participate in this discussion, answer the questions following this case study Let's say that at a construction site on the sidewalk, a pedestrian (your friend) falls into the construction hole. There was no signage or barriers around the hole. There is machinery operating inside the hole and it is going to injure your friend if they don't get out right away. You then climb into the hole to rescue your friend, and you are injured in the process. 1. Is the construction company guilty of negligence causing injury to your friend? 2. Can the company use the volenti defense against your claim, since technically you 'volunteered to climb into the hole to rescue your friend? Why or why not? There are three defenses to the tort of negligence (tip-make sure you know all of them One of them is the voluntary assumption of risk (called volenti non fit injuria, or volenti for short). This means that the plaintiff voluntarily assumed both the physical and legal risks, such as when a friend knowingly gets into a car with a drunk driver, and explicitly releases the other person of the responsibility. Another example is when we participate in a risky activity like sky diving, and we sign a waiver to say that we are willingly and voluntarily partaking in the activity and release the skydiving company from responsibility for any injuries. But does volenti apply to rescuers? If you choose to participate in this discussion, answer the questions following this case study Let's say that at a construction site on the sidewalk, a pedestrian (your friend) falls into the construction hole. There was no signage or barriers around the hole. There is machinery operating inside the hole and it is going to injure your friend if they don't get out right away. You then climb into the hole to rescue your friend, and you are injured in the process. 1. Is the construction company guilty of negligence causing injury to your friend? 2. Can the company use the volenti defense against your claim, since technically you 'volunteered to climb into the hole to rescue your friend? Why or why not
