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Question
City of San Rosario Public Works Department assigns a crew to repair a broken storm drain along a public plaza. The crew places a temporary metal plate over the trench but leaves it unsecured, with no barricades or warning signs. A passerby, Ms. Santos, trips on the plate and is injured. She sues the City for damages under Article 2176 of the Civil Code. (a) Is the City legally liable for Ms. Santos’s injuries? (b) What must Santos 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 plate unsecured, what is the City’s liability and why?