classifications were based have changed, the tripartite classification system has become obsolete. See Hopkins, supra, 132 N.J. at 436, 625 A.2d 1110 (“[W]ith the development of a more urbanized, heterogeneous, destabilized, and complex society, the status of persons in relation to the use of property could no longer be adequately accommodated by the strict traditional classifications of the common law.”); Turpel v. Sayles, 101 Nev. 35, 692 P.2d 1290, 1291 (1985) (“[A]s other courts have concluded, we are not satisfied that the traditional principles of property law are appropriately applied to analysis of a tort claim in a twentieth century urban residential setting.”); Tab H. Keener, Can the Submission of a Premises Liability Case Be Simplified?, 28 Tex. Tech L.Rev. 1161, 1174 (1997) (<HOLDING>); Ketchum, supra, 64 UMKC L.Rev. at 411
holding that issues not fairly presented to the trial court are waived holding that appellate court may only review issues actually presented to and considered by the trial court recognizing that  1404a allows for the transfer of federal employers liability act suits holding that issues not properly presented to the bankruptcy court  cannot be raised  for the first time on appeal recognizing the status categories fail to reflect issues presented in todays premises liability suits