Trace Your Case

ISSUE:

Can the defendant be held liable for damages even though the police officer voluntarily went in front of the horses to save the children?

RULE:

The defense of Volenti non fit Injuria cannot be used in cases where the plaintiff has, under necessity and due to the defendants misconduct intentionally and deliberately faced a risk, even of death, to rescue another from imminent danger even if it his duty to do so.

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