New Boundaries in the Tort of Negligence

Reasonable Care... (not sure if the link is permanent)

The plaintiff's complaint sought recovery for serious physical injury suffered during consensual sexual intercourse with the defendant. The motion judge concluded that the ordinary negligence standard was inapplicable to personal injury resulting from consensual sexual intercourse and, applying a heightened standard of recklessness, found that the defendant was entitled to summary judgment.

(Via Ogged on Unfogged via Volokh writing on that Huffington thing).

As Volokh points out, it's not, legally speaking, that outlandish a plea when you think about it. Why not general standards of reasonable care when having sex? But thank Christ they found a way to chuck it out. I haven't read it in full but am rather surprised the words volenti non fit injuria don't appear.