The burden also will shift to the defendant when the defendant is facing the defence of Volenti Non

Fit Injuria or in Latin it brings the meaning of to the consenting, no injury is done. This defence can be defined as, a voluntary agreement by the plaintiff to absolve the defendant from the legal consequences of an unreasonable risk of harm created by the defendant where the plaintiff has full knowledge of both the nature and extent of the risk. Volenti is sometimes described as the plaintiff "consenting to run a risk." In this context, volenti can be distinguished from legal consent in that the latter can prevent some torts arising in the first place as for example, consent to a medical procedure prevents the procedure from being a trespass to the person, or consenting to a person visiting your land prevents them from being a trespasser. 1 In other words, when the defence of volenti applies, it operates as a complete defence absolving the defendant of all liability and the defendant has burden to proof that plaintiff full aware with the nature of the risk.

Articlebase, Volenti Non Fit Injuria and Cases, December 2010, http://www.articlesbase.com/personal-injuryarticles/volenti-non-fit-injuria-3936656.html ( accessed date: 25 November 2012)