Does the maxim violenti non fit injuria apply to cases of negligence?

Generally the maxim volenti non fit injuria does not apply to cases  of negligence, to cover a case of negligence the defence on the basis of the maxim must be based on implied agreement whether amounting to contract or not. The defence is available only when the plaintiff freely and voluntarily, with full knowledge of the nature and extent of the risk impliedly agreed to incur it and to waive any claim for injury.