The "foreseeable zone of risk".

• Author: Drake, William
• Position: Letters - Letter to the editor

In the recent decision in Williams v. Davis, No. SC05-1817, 2007 Fla. Lexis 2200 (November 21, 2007), the Florida Supreme Court cites an article by William Drake from the April 2004 issue of The Florida Bar Journal. The article was critical of the application of the "foreseeable zone of risk" or McCain analysis to determine the existence of legal duty in negligence cases. Although the Williams case holds there is no duty owed by a private residential property owner to adjacent motorists to maintain foliage that does not extend into the public right of way, the opinion goes on to "recognize ... that all property owners owe a duty, under a McCain analysis, not to permit the growth of foliage on their property to extend outside the bounds of the property and into the public right-of-way so as to interfere with a motorist's ability to safely travel on the adjacent roadway." This extended analysis prompts the submission of the following doggerel from Mr. Drake, who practices personal injury defense law in St. Petersburg:

"Tree by the Roadside" Tree by the roadside, roadside tree The Florida Supreme Court says you may endanger me. The Court proclaims...