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Morris v Murray (1991)
Volenti Non Fit
Injuria
Entrusting his safety to an obvious drunk may make the claimant
volenti [ drunk pilot kills himself and injures passenger]
Facts
The plaintiff wanted to fly in the defendant's plane as a passenger.
The plaintiff drove the pilot to the airport. Both were drunk. The
airport was closed. The plaintiff helped start the plane and put the
radio onto the right frequency. The plane took off in the wrong
direction and crashed. The plaintiff claimed there was no voluntary
assumption of risk because he had no actual knowledge of the nature
of the risk.
The Decision
The court held that the plaintiff must have been aware of the nature
of the risk because of his actions leading up to the crash. He
freely and voluntarily consented to that risk.
The degree of intoxication will help decide whether or not the
plaintiff freely consented to the risk.
Note
does not apply to car drivers -- see Dann v Hamilton (not added
on this site)
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