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of the city in connection with development), then the city may be potentially liable depending on <br />the specific facts. On the other hand, a city would not likely be liable for damage caused by <br />roots from a tree in the right-of-way if the city did not plant and does not maintain the tree. <br />Likewise, municipalities have a duty to provide reasonably safe roads for the public to <br />drive upon. Owen v. Burlington N. Santa Fe R.R., 153 Wn.2d 780, 788 (2005). Whether a <br />municipality breaches this duty depends on the answers to factual questions: Was the road <br />reasonably safe for ordinary travel, and did the municipality fulfill its duty by making reasonable <br />efforts to correct any hazardous conditions? Thus, the Courts have held that a municipality has a <br />duty to take reasonable steps to remove or correct for hazardous conditions that make a roadway <br />unsafe for ordinary travel, including conditions which are not present in, but are adjacent to, the <br />roadway, and this duty explicitly includes removing or correcting hazardous conditions created <br />by roadside vegetation. Wutrich v. King County, 185 Wn.2d 19, 27 (2016). <br />In summary, with respect to liability for street trees, the following questions will likely <br />come into play: (1) who planted the tree, (2) who is responsible for maintaining it, and, <br />specifically for road hazards, (3) was the road reasonably safe for ordinary travel, and (4) did the <br />municipality fulfill its duty by making reasonable efforts to correct any hazardous conditions? <br />Please feel free to contact us if you have questions or need further information. <br />-2- <br />52 <br />