Excluding liability for personal injury to a consumer visitor (Consumer Rights Act 2015 s.65)

Section 65(1) of the Consumer Rights Act 2015 provides that a trader cannot by a term of a consumer contract or by a consumer notice exclude or restrict liability for death or personal injury resulting from negligence. 'Negligence' includes breach of the common duty of care under the Occupiers' Liability Act 1957 (s.65(4)(c)). Hannah is a consumer paying to use the trampoline park, and Bounce Zone is a trader. Her injury resulted from its staff's negligence, so the notice is of no effect as regards her personal injury, however prominently it was displayed and whether or not she agreed to it. Section 65(2) adds that a person is not to be taken to have voluntarily accepted any risk merely because she agreed to or knew about the term or notice, so Bounce Zone cannot use volenti to achieve the same result. The recreational access exception in s.66(4) does not apply, because allowing access was within the purposes of Bounce Zone's business.

Why A is wrong: Agreement to the notice does not make it effective: s.65(1) bars exclusion of negligence liability for personal injury, and s.65(2) prevents implied consent.

Why C is wrong: There is no reasonableness test for personal injury caused by negligence; exclusion is simply prohibited.

Why D is wrong: Prominence and incorporation are irrelevant where the exclusion is prohibited by statute.

Why E is wrong: The bar applies to all negligence, whether inadvertent or intentional (s.65(5)); the claimant need not prove recklessness.