Dann v Hamilton [1939] 1 KB 509

Facts

• The claimant knowingly accepted a lift in the defendant’s car, fully aware that the defendant was intoxicated.
• No compulsion or external pressure was applied to the claimant; the decision to travel was entirely voluntary.
• During the journey, the defendant’s intoxication caused a motor vehicle accident in which the claimant was injured.
• The defendant’s personal representative raised the defence of volenti non fit injuria to resist the negligence claim, arguing that the claimant’s choice to travel with an intoxicated driver amounted to agreement to assume the risk of harm.
• The factual context centered on whether the claimant’s awareness and voluntary conduct should prevent recovery due to the assumption of risk.

Issues

1. Whether a claimant, fully aware of a driver’s intoxication, can be deemed to have voluntarily assumed the risk such that the defence of volenti non fit injuria absolves the defendant from liability for negligence.
2. Whether mere knowledge of risk by the claimant is sufficient to constitute agreement to waive the right to recover damages for negligent acts.
3. To what extent the volenti defence should apply in the context of road traffic accidents involving drunk drivers.

Decision

• The court rejected the defence of volenti non fit injuria in this context.
• It held that the claimant’s knowledge of the driver’s drunkenness did not amount to a voluntary acceptance of the specific legal risk or an implied agreement to release the defendant from liability.
• Relying on authority such as Smith v Baker & Sons [1891] AC 325, the court clarified that awareness of risk, without more, is not sufficient to bar recovery in negligence.
• The decision established that the volenti defence applies only where there is clear evidence that the claimant expressly or impliedly agreed to waive claims for negligence.

Legal Principles

• Volenti non fit injuria operates as a complete defence to negligence only where the claimant’s consent amounts to an explicit or implicit agreement to waive legal recourse against the defendant’s negligence.
• Mere knowledge of risk or danger does not equate to legal acceptance of risk in negligence cases.
• Courts apply the volenti principle restrictively, especially in road traffic incidents, as affirmed in subsequent cases and through statutes such as the Road Traffic Act 1972 and decisions like Nettleship v Weston [1971] 2 QB 691 and Pitts v Hunt [1991] 1 QB 24.
• The standard of care and requirements for consent in negligence claims remain distinct, protecting claimants unless there is clear waiver of rights.

Conclusion

Dann v Hamilton [1939] 1 KB 509 affirms that the volenti non fit injuria defence is narrowly construed in negligence cases, particularly in road traffic accidents, requiring more than awareness of a risk—only a clear and voluntary waiver of liability can absolve a defendant, thus ensuring claimants are not unjustly barred from recovery without explicit consent.