Pothole Ruling Raises BVI Alarm
An appeals court in Sint Maarten has ordered the government to pay more than US$44,000 to an American tourist who tore a hamstring tendon after stepping into a pothole on a public road. The judgment — which found the state responsible for maintenance even where roads sit on leased land and carry private-property signs — highlights legal and safety questions that resonate across the British Virgin Islands.
PHILIPSBURG — The Joint Court of Justice has ordered the Government of Sint Maarten to pay US$44,116.37 in damages, plus statutory interest and court costs, to an American tourist who suffered a severe hamstring injury after stepping into a pothole on Nile Road in Maho. Delivered on July 28, 2026 and published August 13, the Appeals Court overturned an earlier decision that had rejected the claim.
The court accepted the tourist’s account that she fell at about 12:30 a.m. on March 4, 2021; medical evidence in the United States shortly afterwards showed the tendon of her left hamstring had torn away from the bone. Photographs, social media posts and witness statements supported her version of events, and the court found no other plausible explanation for the injury.
Central to the ruling was the court’s finding that Nile Road, although located on land held under long lease by a private company and marked with a “No parking – private property” sign, had been designated by the country as a public road. The court concluded that Sint Maarten retained responsibility to maintain the road or to ensure it was maintained.
It rejected the government’s arguments that restricted access, lease arrangements or signage absolved the state of liability. The Appeals Court described the pothole as a serious safety hazard, particularly in a busy tourist and nightlife area where pedestrians may be less cautious.
The judgment noted local climate factors, including periods of drought and heavy rainfall and the passage of more than three years since Hurricane Irma, as contributors to road deterioration. The court also observed that repairs to make the defect safe would have required relatively simple work and materials.
In addition to the US$44,116.37 award, the government was ordered to pay statutory interest from November 6, 2023, and to meet several expense and attorney-fee awards totaling Cg. 12,159. The judgment (ECLI:NL:OGHACMB:2026:209) was declared immediately enforceable. For the British Virgin Islands, where residents routinely complain about potholes, uneven surfaces and temporary fixes, the ruling is a cautionary development.
Beyond inconvenience and vehicle damage, the Sint Maarten decision underscores that poor road maintenance can become a legal liability when governments know, or reasonably should know, of dangerous defects. The case should prompt BVI authorities to review inspection, repair and signage practices and consider targeted maintenance in high-footfall and tourist areas.
It also serves as a reminder to residents and visitors to report hazardous road conditions promptly and to document them — because failing to fix a known danger can have consequences beyond public criticism.
Primary source: Guavaberry