Volens Law and Legal Definition

Legally, volens is a state of mind, referring to voluntary acceptance of a specific risk. This term is used as defense in a case. The legal maxim volenti non fit injuria is usually, used along with the term volens while pleading defense. This means when a person is willing to take risk, no harm is done. When a person willingly places himself/herself in a position where harm can happen, the person cannot sue if the harm happens. For example, subjecting oneself voluntarily for a medical treatment curtails the person from suing for trespass on the person. However, the person should have complete knowledge about the risks, and should have expressly or impliedly, consented to waive all claims for damage.