Dann v Hamilton [1939] 1 KB 509

King’s Bench Division 

Basic Facts: X, after being warned about H's drunkenness, accepted a lift from him. H subsequently crashed, injuring X. 

Issue for the Court: What constitutes full knowledge and acceptance of risk for the defense of volenti non fit injuria? 

Held : The defence was unsuccessful and the claimant was entitled to damages

Asquith J: 

• Simply knowing that H was drunk did not mean X consented to any negligence that followed. 

• A passenger’s knowledge of the driver’s intoxication does not imply they accept the risk unless the danger is glaringly obvious, like tampering with a bomb. This was not the case here.