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All Jurisprudence based

0 tracked cards Political and Public International Law

An LGU's Public Works Department constructs a temporary wooden footbridge across a shallow canal in a public park for a festival. A crew member leaves a plank unsecured and fails to place any barricade or warning sign. A pedestrian, Mr. Reyes, trips on the plank and sustains a leg injury. He sues the City for damages under Article 2176 of the Civil Code. (a) Is the City legally liable for Mr. Reyes’s injuries? (b) What must Reyes prove to establish the City's liability, and what defenses can the City raise? (c) If the crew member acted outside the scope of his official duties when leaving the plank unsecured, what is the City's liability and why?

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The City can invoke contributory negligence by the pedestrian to bar or reduce liability. The City is liable for damages caused by a private contractor engaged by the City to install the plank, since LGUs bear responsibility for contractor acts on public property. The City is liable under Article 2176 for Mr. Reyes’s injuries if the crew member was performing official duties when he left the plank unsecured; Reyes must prove fault or negligence by the City or its employee, a causal link to the injury, and damages; The City may raise defenses such as the pedestrian's contributory negligence or an independent intervening cause; If the crew member acted outside the scope of his official duties, the City is not liable. The City is liable only if the hazard was the direct result of the City's own fault or neglect, for example if the City had prior notice of the unsafe plank and failed to take corrective action.

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