SMITH v BAKER
[1891] UKHL 2
Case Summary
[Volenti Non Fit Injuria]
Facts: Smith was an employee at a stone drilling site owned by Charles Baker. Plaintiff got serious injuries from the felling of stone over him by the crane which was used to lift and pass the stones. No prior warning was given. One of the other employees had previously complained about the issue to the manager. Plaintiff sued defendant
Issue:
· Whether the plaintiff (Smith) is entitled to recover damages for injuries sustained while working for the defendant (Baker)?
· Whether the rule of Volenti Non Fit Injuria would apply?
Procedure: The case was originally tried in the county court, where the judge entered judgment in favour of the plaintiff. The defendants appealed to the Court of Appeal, which reversed the judgment. The plaintiff then appealed to the House of Lords.
Rule: The maxim "Volenti non fit injuria" applies when a person voluntarily and knowingly assumes a risk. However, the risk must be specifically consented to by the person in order for the maxim to apply.
Analysis: The court considered whether the plaintiff had consented to the risk of injury while working for the defendants. The court found that the plaintiff did not specifically consent to the particular risk and therefore should not be barred from recovering damages.
Conclusion: The court held that the plaintiff is entitled to recover damages for the injuries sustained while working for the defendants. The judgment of the Court of Appeal was reversed and the judgment of the county court judge was restored.
Ishika Tanwar
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