scienti non fit injuria
Meaning. Knowledge of a risk is not the same as consent to it.
This maxim qualifies volenti non fit injuria. A plaintiff who merely knew of a danger does not lose his claim; the defendant must show that the plaintiff freely agreed to bear the risk. In Smith v. Baker (House of Lords, 1891), a workman drilling rock knew that a crane swung stones over his head, but continuing to work did not mean he consented to the risk; he recovered damages when a stone fell on him.
The maxim is important in employment cases, where workers often continue in risky conditions because they must, not because they freely accept the danger.
Example
The workman knew that stones were swung overhead, but scienti non fit injuria: knowledge alone did not bar his claim.
In Indian law
- Smith v. Baker & Sons (House of Lords, 1891)
See also
volenti non fit injuria · negligence · vicarious liability
Read more in the study notes
- General defences in tort (Law of Torts)