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

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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