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Question
City of Lideño Public Works Department assigns a crew to repair a clogged storm drain along a busy sidewalk near a market. To cover the trench, the crew places a heavy metal plate but leaves it unsecured and without barricades or warning signs. A pedestrian, Ms. Velasco, who uses a cane due to a prior injury, trips on the plate and sustains a leg injury. She sues the City for damages under Article 2176 of the Civil Code. (a) Is the City legally liable for Ms. Velasco’s injuries? (b) What must Velasco 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?