trespasser must appreciate nature/degree of risk - consent/volenti
sayers
contributory negligence
warnings
s(4) ineffective unless in all the circumstances was enough to make the visitor be reasonably safe
warnings
complete defence, oral or written, question of fact decided on judge by evidence
Rae v Mars
warning insufficient if not seen
Staples v West Dorset
if danger is obvious no warning needed
exclusion clauses
s2(1) states occupier can restrict, modify or exclude his duty by agreement or otherwise
exclusion clauses
can limit or exclude completely his or her liability for injury caused to visitor.
for residential occupiers, works against child visitor depending on their age/understanding
exclusion clauses
s65 Consumer Rights Act 2015 - trader cannot exclude or restrict liability for death or personal injury resulting from negligence
if occupier liable for breach of their duty, the remedy to be claimed by the visitor is damages for personal injury suffered and for any property damaged
