Shump v. First Continental-Robinwood Associates

All parties and both lower courts have determined that the general law of premises liability governs the outcome of this case and have shaped their arguments accordingly. The question as to whether there is any evidence that First Continental acted willfully or wantonly with regard to Burnside arises only if we find that a licensor-licensee relationship existed between those parties under the law of premises liability.

*417Although we believe that this case involves the law of premises liability in a broad sense, we do not agree that the duty that First Continental owed Burnside should be governed…