Defences

A woman attends a rugby match as a spectator and is struck by a ball kicked out of the ground. She sues the rugby club in negligence, claiming they failed to provide adequate netting behind the goalposts. The rugby club argues that by choosing to sit in an uncovered area near the pitch, the woman accepted the risk of being hit by the ball. The woman argues that she simply wanted to watch the match and did not think about the possibility of being injured. At trial, the judge must determine whether the defence of volenti non fit injuria is available to the rugby club.