The common law doctrine and maxim of volenti non fit injuria (‘to a willing person, injury is not done’) has long been used as a defence in relation to injuries caused during sporting events. The defence is simple: if someone places themselves in a sporting situation, knowing that injuries or harm of a type reasonably expected could happen, then an injured party will not be able to bring a claim in negligence for any injury caused during the normal running of the game.
The reasonable level of injury that can be expected depends on the type and level of the sport being played (e.g. professional or amateur). More physical sports result in more injuries, so a person who steps into a boxing ring can reasonably expect far worse injuries than someone playing football or netball. However, even with extremely fierce sports, there is a limit to what is deemed reasonable. In mixed martial arts, eye gouging is not allowed within the rules, and so would not be covered under volenti non fit injuria.
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