(1) In respect of a danger existing on premises, an occupier owes towards a recreational user of the premises or a trespasser thereon ("the person") a duty -

(a) not to injure the person or damage the property of the person intentionally, and

(b) not to act with reckless disregard for the person or the property of the person,

except in so far as the occupier extends the duty in accordance with section 5.

(2) In determining whether or not an occupier has so acted with reckless disregard, regard shall be had to all the circumstances of the case, including -

(a) whether the occupier knew of, or was reckless as to whether, a danger existed on the premises;

(b) whether the occupier knew of, or was reckless as to whether, the person and, in the case of damage, property of the person, was or was likely to be on the premises;