## Facts

- Martin Lynch was a detainee held in police custody by the Metropolitan Police.
- Lynch committed suicide while in custody.
- The claimant (Reeves) alleged that the police breached their duty of care by failing to prevent Lynch’s suicide, despite knowledge of his suicidal tendencies.
- The Metropolitan Police sought to rely on the volenti non fit injuria defence, arguing that Lynch had voluntarily assumed the risk of self-harm.
- The House of Lords ruled in favor of the claimant, determining that the police’s protective duty took precedence over the volenti defence.

## Issues

1. Whether the Metropolitan Police could rely on the volenti non fit injuria defence to avoid liability for the suicide of a detainee in their custody.
2. Whether the police’s protective duty to detainees overrides the volenti defence.
3. The extent to which foreseeability of self-harm establishes the duty of care.
4. How contributory negligence applies when a detainee’s actions contribute to their own harm.

## Decision

- The House of Lords held that the volenti defence does not apply where the defendant owes a protective duty, such as preventing a detainee’s suicide.
- The police owed a duty to take reasonable steps to prevent foreseeable self-harm or suicide by detainees.
- The breach of this duty by the police was a direct cause of Lynch’s death.
- Damages were reduced to reflect contributory negligence, as Lynch’s actions had contributed to his own harm.

## Legal Principles

- The volenti non fit injuria defence is inapplicable when the defendant owes a protective duty, especially in custodial contexts.
- Custodial authorities are required to protect detainees from foreseeable risks, including self-harm.
- Causation is established if failure to uphold the protective duty leads directly to harm, but damages may be reduced for contributory negligence.
- The judgment reaffirms that the existence of a special relationship (such as custody) imposes a higher standard of care compared to ordinary negligence cases.

## Conclusion

The House of Lords clarified that where a custodial protective duty exists, such as with police and detainees, the volenti defence cannot absolve authorities from liability for foreseeable self-harm. This decision reinforced the requirement for custodial authorities to take reasonable precautions to prevent suicide, while allowing for reductions in damages due to contributory negligence.


Reeves v Metropolitan Police Commissioner [2000] AC 360