~Appeals Court overturns earlier ruling, declares Nile Road a public road and finds government liable for unsafe conditions.~
PHILIPSBURG:--- The Government of Sint Maarten has been ordered to pay US $44,116.37, plus legal interest and court costs, to an American tourist who suffered a serious hamstring injury after stepping into a pothole on Nile Road in Maho.
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 after finding that it had not been established that Nile Road was a public road or that the country was legally responsible for it.
The Appeals Court reached the opposite conclusion. It ruled that the road was a structure within the meaning of Article 6:174 of the Civil Code and that the country had designated Nile Road as a public road. Consequently, the government had a duty to maintain the road or ensure that it was properly maintained.
The judgment was published on August 13.
Tourist suffered serious injury
According to the verdict, 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 on March 21, 2021, showed that the tendon of her left hamstring had torn away from the bone.
The woman supported her account with photographs of the pothole, social-media information establishing that she was in St Maarten around the time of the incident, and written statements from two people who said they witnessed the fall.
The government disputed how the accident occurred, but the Appeals Court found that its challenge was insufficiently substantiated. The Court therefore accepted the tourist’s account as established.
The government also disputed the connection between the fall and the hamstring injury. The Court rejected that objection because the government did not identify another plausible cause for the injury. The Court considered the two-and-a-half-week period between the accident and the medical statement too short to make another cause likely.
Nile Road is legally considered public
Nile Road is a dead-end road extending from Rhine Road in Maho. Motor vehicles can only enter after a barrier is opened, although pedestrians can walk around the barrier. A sign on a wall along the road reads: “No parking – private property.”
Despite that sign and the restricted vehicle access, the Appeals Court found that the road has a public character.
The road is located on a parcel of land of which the country of Sint Maarten is the bare owner. The property was issued in a long lease to Resort of the World N.V.
The long-lease deed cited a ministerial decision requiring the leaseholder to provide third parties with direct and free access to and over the roads. It also required the roads to retain their public character.
On that basis, the Court concluded that the Country had designated Nile Road as a public road.
The Court explained that when the government gives a public designation, it is responsible for maintaining that road or ensuring that it is maintained—even when access is limited.
Pothole presented a serious danger
The Appeals Court determined that Nile Road did not meet the safety standards that could reasonably be expected at the time of the accident.
It identified several factors supporting that conclusion:
- A pothole of the type involved was highly dangerous, particularly to pedestrians.
- Nile Road is in a popular, heavily visited tourist area.
- The area is used by nightlife patrons who may have consumed alcohol or may otherwise be less cautious.
- Three and a half years had passed between Hurricane Irma and the accident.
- Sint Maarten’s alternating periods of drought and heavy rainfall increase the likelihood of potholes developing.
- A pothole could be made safe using simple materials and relatively little work.
The Court said it was unnecessary to determine whether the road was poorly illuminated. Even with adequate lighting, the pothole made the road unsafe.
It also found that any possible alcohol consumption by the tourist would not reduce the government’s obligation to compensate her. The Court noted that Nile Road is in an entertainment area where pedestrian use, including by nightlife patrons, should be expected.
The government did not identify another, safer or more logical route for the woman to walk from We Lounge to Sonesta Maho Beach Resort. It also did not dispute her statement that she was using the only entrance and exit.
Government must pay full damages
The tourist claimed compensation for lost income, childcare expenses, insurance costs, other expenses and non-material damages for pain and suffering.
The Court accepted the claimed material losses after finding they were sufficiently supported and not adequately challenged by the government.
It also awarded the requested non-material damages, noting that a hamstring tendon torn from the bone is extremely painful and causes limitations in standing and walking.
The Country 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 Country amount to Cg. 12,159, separate from the damages and statutory interest.
The Appeals Court declared the orders immediately enforceable.
The ruling establishes that the government cannot avoid responsibility for an unsafe road merely because it is situated on long-lease land, carries a private-property sign or has restricted vehicle access. Where the Country has designated the road as public, it remains responsible for ensuring that the road is maintained safely.
The full judgment is available under ECLI:NL:OGHACMB:2026:209.
