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Premises Liability or “Ordinary Negligence”? Court Looks to Nature of Hazard, Not Defendant’s Possession of Premises Where Accident Occurred

Premises Liability / January 27, 2022

This case is significant for its clarification of the principle that “the question of whether a claim sounds in premises liability or ordinary negligence hinges on the nature of the hazard.” Where an injury arises from a condition of the land, the resulting claim sounds in premises liability. A defendant’s possession of the premises in question, or lack thereof, relates to the question of whether that particular defendant has a duty in premises liability; it does not change the nature of the claim.

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