Principle: A person who voluntarily takes part in a dangerous activity cannot complain of inherent injury from that activity. Facts: B agrees to ride pillion on a friend's racing motorcycle on a test track. Despite his friend's careful driving, the motorcycle skids on a sharp bend and B is injured. Which is MOST accurate?
AB can recover only medical costs
BThe friend is fully liable
CVolenti non fit injuria applies — B voluntarily assumed the inherent risk of test-track motorcycling; no recovery for risks of that kind
DThe friend is liable only if B paid for the ride
Answer & Solution
Correct answer: C. Volenti non fit injuria applies — B voluntarily assumed the inherent risk of test-track motorcycling; no recovery for risks of that kind
Volenti applies to inherent risks of a known dangerous activity that the plaintiff freely undertakes. The doctrine does not protect a defendant who acts negligently OR who creates risks outside the assumed risk.
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