Watch the video and then discuss the advice you would offer before comparing your ideas with those suggested.
Suggestions
- The defence of volenti non fit injuria ends liability for an injury. It involves showing that the claimant had knowledge of the risk and willingly consented to accept that risk.
- You knew that you were going on a flight and knew that you were going to be piloted by someone who had been drinking heavily. You accepted the risk. If volenti is accepted by the court, you have no claim against your friend’s estate.
- The courts have in recent years been reluctant to accept volenti as a defence in car crashes. If they apply this to a plane crash, then it might be the case that the court holds that there was contributory negligence which means you are partly to blame for your injuries. This means you have a claim against your friend’s estate but your damages will be reduced accordingly.