WILLEMSTAD – The Government of Curaçao has been ordered to pay 10,000 guilders in damages to a woman whose car was severely damaged after she drove into an uncovered manhole on Schottegatweg-Noord.
The ruling was issued on December 9 by the Court of First Instance in a small claim procedure. The government did not appear at the hearing and submitted no defense, leading the court to accept the motorist’s account as uncontested.
The incident occurred on September 28, 2023, around 8:00 p.m. at the intersection of Schottegatweg-Noord and the turnoff toward Wilhelminalaan in Emmastad.
Severe impact and extensive damage
The woman was driving alone when she suddenly felt a violent jolt. Her vehicle began to swerve, and she later discovered significant damage to the rear of the car. At the Rio Canario police station, officers documented a destroyed tire, rim, wheel, axle, and bumper.
When she returned to the location of the crash using a spare tire, the cause became immediately clear: an open manhole in the middle of the lane. The lid was found lying inside the pit. The Central Criminal Investigation Department returned to photograph the scene, after which the road was closed and the hazard was covered.
The driver held the Ministry of Traffic, Transportation and Urban Planning liable for the damage, but no compensation was offered outside of court—prompting her to file the lawsuit. She submitted invoices and repair estimates totaling just over 10,000 guilders.
Government held liable
The court ruled that the Government of Curaçao, as the responsible road authority, bears strict liability for hazardous conditions on public roads. Roads must meet reasonable safety standards, and an uncovered manhole constitutes a clear danger.
Because the government failed to appear and did not contest the claim, the court accepted the woman’s evidence and version of events as fact.
The judge awarded the maximum amount allowed under small-claims proceedings: 10,000 guilders plus statutory interest. The government must also pay 50 guilders in court fees and 750 guilders in extrajudicial costs.
The verdict is immediately enforceable, meaning payment can be collected without delay. The government has two weeks to file an objection.