§ 23-33-26 - Civil liability for injuries resulting from noncompliance.
SECTION 23-33-26
§ 23-33-26 Civil liability for injuriesresulting from noncompliance. – In all cases in which any person shall suffer injury or in which the death ofany person shall ensue in consequence of the failure of the lessee or owner orowners of any building to comply with the provisions of this chapter, or inconsequence of the failure of the lessee or owner or owners to comply with thewritten notice and requirement of any compliance inspector, when made inconformity to the provisions of this chapter the lessee and owner or ownersshall be jointly and severally liable to any person so injured in an action fordamages for the injury; and in case of death the lessee and owner or ownersshall be jointly and severally liable in damages for the injury caused by thedeath of the person, to be recovered by action in the same manner and for thebenefit of the same persons as is provided in § 10-7-2; which action, whenthe lessee and the owner are nonresidents, may be commenced by attachment. Itshall be no defense to the action that the person injured, or whose deathensues, had knowledge that any elevator or other device subject to theprovisions of this chapter was being operated in the building contrary to theprovisions of this chapter, or that the person continued to ride in or on theelevator or device with that knowledge.