§ 23-33-26 Civil liability for injuries
resulting from noncompliance. –
In all cases in which any person shall suffer injury or in which the death of
any person shall ensue in consequence of the failure of the lessee or owner or
owners of any building to comply with the provisions of this chapter, or in
consequence of the failure of the lessee or owner or owners to comply with the
written notice and requirement of any compliance inspector, when made in
conformity to the provisions of this chapter the lessee and owner or owners
shall be jointly and severally liable to any person so injured in an action for
damages for the injury; and in case of death the lessee and owner or owners
shall be jointly and severally liable in damages for the injury caused by the
death of the person, to be recovered by action in the same manner and for the
benefit of the same persons as is provided in § 10-7-2; which action, when
the lessee and the owner are nonresidents, may be commenced by attachment. It
shall be no defense to the action that the person injured, or whose death
ensues, had knowledge that any elevator or other device subject to the
provisions of this chapter was being operated in the building contrary to the
provisions of this chapter, or that the person continued to ride in or on the
elevator or device with that knowledge.
(G.L. 1896, ch. 108, § 16; P.L. 1902, ch. 973, § 2; C.P.A. 1905,
§ 1121; G.L. 1909, ch. 129, § 16; P.L. 1910, ch. 549, § 1; G.L.
1923, ch. 171, § 16; G.L. 1938, ch. 356, § 16; G.L. 1956, §
23-33-26; P.L. 1992, ch. 81, § 1.)