Rosengren v. City of Seattle

¶1 Trees planted by a property owner are an artificial rather than a natural condition of the land. A property owner owes a duty to exercise reasonable care that no part of any trees planted by the owner poses an unreasonable risk of harm to the pedestrian using the abutting sidewalk. We reverse the trial court’s grant of summary judgment.

Appelwick, J.

*568FACTS

¶2 The facts are undisputed. In 1953, James and Annabel Hughes bought the property located at 4821 37th Avenue SW, Seattle, Washington. At some point prior to 1990, the Hugheses planted three birch trees on their property, adjacent to the…