What is the "defense of consent" in negligence claims?

The defense of consent in negligence claims is based on the principle that if a plaintiff voluntarily agrees to engage in an activity that involves certain risks, they may be barred from recovering damages for injuries sustained during that activity. This defense acknowledges that individuals have the right to make informed choices about their participation in potentially hazardous activities.

For instance, if a person decides to participate in a contact sport, they accept and consent to the inherent risks of injury associated with that sport. Therefore, if they are injured during play, they generally cannot claim negligence against other players or organizers, as they had previously agreed to accept those risks.

This concept is particularly relevant in scenarios involving recreational activities, medical treatments, or informed consent in various contexts, where acknowledging the risks is a prerequisite for participation. By invoking the defense of consent, the defendant effectively argues that any negligence claim is invalid because the plaintiff willingly accepted the circumstances that led to their injury.