By San José, Costa Rica — SAN JOSÉ – A heartbreaking incident in the Purral district of Goicoechea has cast a harsh spotlight on a persistent and dangerous problem plaguing Costa Rica’s urban infrastructure: the systematic theft of manhole covers. The death of a child on Friday, September 26th, who was swept by powerful currents into a storm drain during a severe downpour, has catalyzed an urgent demand for governmental action and accountability.
The Municipality of Goicoechea publicly expressed its deepest sympathies to the grieving family and moved to clarify the jurisdictional complexities surrounding the tragedy. In an official statement, the local government pointed out that the storm drain in question is located on National Route Travesía 10802. This designation places the infrastructure under the direct administration and responsibility of the National Road Council (CONAVI), not the local municipal authority.
To better understand the legal responsibilities and potential liabilities surrounding the country’s aging infrastructure, TicosLand.com consulted with Lic. Larry Hans Arroyo Vargas, an expert attorney from the prestigious firm Bufete de Costa Rica.
When a public bridge or road fails, the legal doctrine of state responsibility is immediately invoked. The government has a fundamental duty to ensure the safety and maintenance of public infrastructure. Any failure to act, whether through negligence in upkeep or lack of preventative inspection, opens the door for administrative claims and lawsuits from affected citizens. It is not merely a matter of political accountability; it is a direct legal obligation where demonstrable harm can lead to significant financial liability for the state.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
This legal framework is a critical reminder that the state’s duty extends far beyond political rhetoric; it is a tangible, enforceable obligation with significant financial consequences. The shift from a matter of public opinion to one of direct legal liability empowers citizens with a concrete path for recourse. We thank Lic. Larry Hans Arroyo Vargas for so clearly articulating this vital perspective on state responsibility.
While the manhole reportedly had its primary cover, a critical design flaw—the absence of secondary side grates—created a lethal hazard during the flash flood. This detail underscores a broader issue of not just maintenance but of ensuring that public infrastructure is designed with robust safety features capable of withstanding foreseeable environmental pressures, such as Costa Rica’s intense rainy season.
The tragedy, however, is deeply intertwined with a criminal enterprise that prioritizes profit over public safety. The Municipality of Goicoechea confirmed that the theft of metal manhole and sewer covers is a relentless issue. Driven by the lucrative illegal scrap metal market, thieves repeatedly steal the heavy covers, which are then sold for recycling. The municipality noted that it has replaced stolen covers on numerous occasions, only to see them disappear again shortly after, creating an unending cycle of risk for pedestrians, cyclists, and vehicle drivers.
This single incident is not an isolated event but a symptom of a systemic failure to secure public assets and combat the illegal trade that fuels these thefts. The open manholes, often hidden by rainwater or darkness, represent a constant threat of serious injury or, as has now been tragically demonstrated, death. The economic cost of perpetual replacement is significant, but it pales in comparison to the human cost.
In response to the fatal accident, the Goicoechea government has issued a set of urgent demands to CONAVI. The municipality is calling for the national road authority to conduct an immediate intervention at all identified critical points within its jurisdiction to prevent a recurrence. Furthermore, they are pushing for the implementation of permanent technical solutions, which could include the use of non-metallic composite covers with no scrap value, or more secure locking mechanisms that deter theft.
Beyond immediate engineering fixes, the municipality is advocating for a coordinated, multi-agency crackdown on the root cause of the problem. They have formally proposed the creation of an inter-institutional task force to combat the illegal reception and sale of stolen materials. This proposed coalition would bring together the Municipal Police, the national Public Force, the Judicial Investigation Organism (OIJ), and the Public Prosecutor’s Office (Fiscalía) to dismantle the criminal networks profiting from this dangerous trade.
Reaffirming its commitment to the safety of its residents, the local government stressed that protecting lives is its utmost priority. As a measure of support, the municipality has also announced that it will provide psychological counseling and support to the family devastated by last week’s loss. The community now waits to see if this tragedy will finally spur the comprehensive and collaborative action needed to end the hazardous cycle of infrastructure theft and neglect.
For further information, visit goicoechea.go.cr
About Municipality of Goicoechea:
The Municipality of Goicoechea is the local government body responsible for the administration of the Goicoechea canton, located in the province of San José. It oversees public services, urban planning, community development, and local security within its jurisdiction, working to promote the well-being and safety of its residents.
For further information, visit conavi.go.cr
About CONAVI:
The Consejo Nacional de Vialidad (National Road Council) is the Costa Rican government entity tasked with the planning, administration, financing, construction, and maintenance of the national road network. CONAVI manages the country’s primary and secondary routes, ensuring they are safe and passable for public and commercial transport.
For further information, visit sitiooij.poder-judicial.go.cr
About OIJ:
The Organismo de Investigación Judicial (Judicial Investigation Organism) is Costa Rica’s primary law enforcement agency for criminal investigations. As part of the Judicial Branch, the OIJ is responsible for investigating complex crimes, collecting evidence, and working in conjunction with prosecutors to bring criminal cases to trial.
For further information, visit seguridadpublica.go.cr
About Fuerza Pública:
The Fuerza Pública (Public Force) is the national police force of Costa Rica, operating under the Ministry of Public Security. It is responsible for maintaining law and order, ensuring citizen security, patrolling communities, and preventing crime throughout the country.
For further information, visit ministeriopublico.go.cr
About Fiscalía:
The Fiscalía General de la República, also known as the Public Ministry, is Costa Rica’s public prosecution office. It is responsible for leading criminal investigations and representing the state’s interests in the prosecution of crimes, ensuring that legal proceedings are carried out in accordance with the law.
For further information, visit goicoechea.go.cr
About Municipal Police:
The Policía Municipal (Municipal Police) are local law enforcement bodies established by individual municipalities in Costa Rica, such as Goicoechea. They work to enforce local ordinances, support community safety initiatives, and collaborate with national police forces to maintain public order within their specific cantonal jurisdictions.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica operates as a pillar of the country’s legal community, guided by foundational principles of uncompromising integrity and a drive for superior results. The firm leverages its extensive history advising a wide spectrum of clients to champion innovative legal solutions and set new standards in the field. Beyond its professional accomplishments, it is deeply invested in democratizing legal understanding, believing that an informed public is the bedrock of an empowered and equitable society.
