PHILIPSBURG, St Maarten — The Government of Sint Maarten has been ordered to pay more than US$44,000 in damages, plus interest and court costs, to an American tourist who suffered a serious hamstring injury after stepping into a pothole on a public road.

The ruling, which has drawn attention to the legal responsibility governments may face for poorly maintained infrastructure, comes as the British Virgin Islands continues to grapple with widespread public frustration over the Territory’s own deteriorating road network, potholes and long-standing concerns about road maintenance.

In a judgment delivered on July 28, 2026, the Joint Court of Justice overturned an earlier decision of the Court of First Instance, which had rejected the tourist’s claim. The judgment was published on August 13.

The Appeals Court found that Nile Road in Maho was legally a public road and that the Government of Sint Maarten therefore had a responsibility to maintain it or ensure that it was properly maintained.

The decision raises a question that may resonate strongly in the BVI: What responsibility does government bear when poor road infrastructure causes injury or damage?

Serious Injury After Stepping Into Pothole

According to the court, the American tourist was walking along Nile Road at approximately 12:30 am on March 4, 2021, when her foot entered a pothole and she fell.

A medical statement issued in the United States less than three weeks later showed that the tendon of her left hamstring had torn away from the bone.

The woman supported her claim with photographs of the pothole, social media evidence placing her in St Maarten at the time of the incident and statements from two people who said they witnessed the fall.

Although the government challenged her version of events, the Appeals Court found that its objections were not sufficiently substantiated and accepted the tourist’s account.

The government also questioned whether the fall had caused the injury. However, the Court rejected that argument, noting that no other plausible cause had been identified and that the relatively short period between the accident and the medical diagnosis made another explanation unlikely.

Court Rules Government Was Responsible for the Road

Nile Road is a dead-end road extending from Rhine Road in Maho, with restricted vehicle access. A sign along the road also reads, “No parking – private property.”

Those circumstances were central to the government’s earlier defence, which argued that it had not been established that the road was public or that the country was legally responsible for maintaining it.

But the Appeals Court disagreed.

The road sits on land of which the Country of Sint Maarten is the bare owner and which was issued on a long lease to Resort of the World N.V. The lease arrangements included requirements for access over the roads and for them to retain their public character.

The Court concluded that Sint Maarten had designated Nile Road as a public road and, as a result, could not escape responsibility simply because the road was located on leased land, displayed a private-property sign or had restricted vehicle access.

Where a government has designated a road for public use, the Court ruled, it has a duty to maintain that road or ensure that it is maintained safely.

Pothole Found to Be a Serious Safety Hazard

The Appeals Court found that the pothole made Nile Road unsafe and failed to meet the standards that could reasonably be expected.

Among the factors considered were that potholes pose a significant danger to pedestrians, particularly in a heavily visited tourist area. The Court also noted that the area was frequented by nightlife patrons and that pedestrians who had consumed alcohol or were otherwise less cautious could reasonably be expected.

The Court further considered the passage of more than three years since Hurricane Irma, as well as St Maarten’s weather conditions, which include periods of drought and heavy rainfall that can contribute to pothole development.

Importantly, the Court noted that repairing or making the pothole safe would have required relatively simple work and materials.

It also rejected the suggestion that any possible alcohol consumption by the tourist should reduce the government’s responsibility.

A Lesson the BVI Cannot Ignore?

For the British Virgin Islands, the ruling comes against the backdrop of persistent complaints about the condition of the Territory’s roads.

Across the BVI, motorists and pedestrians regularly encounter potholes, uneven surfaces, damaged road edges and sections of infrastructure that residents have complained about for months — and in some cases far longer. Heavy rainfall frequently worsens already damaged roads, while repairs are often criticised as temporary fixes rather than lasting solutions.

For motorists, the cost can come in the form of damaged tyres, rims, suspension systems and other vehicle repairs. But the St Maarten case highlights another concern: poor road infrastructure is not simply an inconvenience. It can become a serious public safety and legal liability issue.

The question for the BVI is whether enough is being done to ensure that roads used daily by residents, visitors, motorists and pedestrians meet an acceptable standard of safety — particularly where government agencies are responsible for their maintenance.

The St Maarten judgment demonstrates that when a government knows, or reasonably should know, about a dangerous defect in public infrastructure, the consequences of failing to address it may extend beyond public criticism.

They can also end up in court.

Government Ordered to Pay Damages and Costs

The tourist claimed compensation for lost income, childcare expenses, insurance costs, other expenses and pain and suffering.

The Court accepted the material losses after finding that they were sufficiently supported and had not been adequately challenged by the government. It also awarded non-material damages, recognising the significant pain and limitations associated with a hamstring tendon being torn from the bone.

The Government of Sint Maarten was ordered to pay:

• US$44,116.37 in damages;
• Statutory interest from November 6, 2023, until full payment;
• Cg. 1,079.50 in first-instance expenses;
• Cg. 3,000 in first-instance attorney’s fees;
• Cg. 1,829.50 in appeal expenses; and
• Cg. 6,250 in appeal attorney’s fees.

The total court costs awarded against the government amount to Cg. 12,159, separate from the damages and statutory interest.

The Appeals Court declared its orders immediately enforceable.

The ruling, published under ECLI:NL:OGHACMB:2026:209, establishes that a government cannot necessarily avoid liability for an unsafe public road because of complicated land ownership arrangements, restricted access or private-property signage.

For the BVI, where the state of the Territory’s roads remains a recurring source of public anger, the case may serve as a timely reminder that road maintenance is not merely about filling potholes — it is about public safety, government accountability and the consequences of failing to maintain essential infrastructure.