§ 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.
History of Section.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.
Structure Rhode Island General Laws
Chapter 23-33 - Elevators, Escalators, and Dumbwaiters
Section 23-33-1. - Definitions.
Section 23-33-2. - Formulation and adoption of codes.
Section 23-33-2.1. - Chief inspector.
Section 23-33-2.2. - Qualified service company.
Section 23-33-2.3. - Qualified mechanic.
Section 23-33-3. - Codes and rules available for public inspection.
Section 23-33-4. - Enforcement by inspectors — Disposition of fees.
Section 23-33-5. - Permit to act as authorized inspector.
Section 23-33-6. - Reexamination of applicant for permit after failure to pass.
Section 23-33-7. - Compensation of authorized inspectors.
Section 23-33-8. - Revocation of permits.
Section 23-33-9. - Registration of elevators and escalators.
Section 23-33-9.1. - Owner’s responsibility.
Section 23-33-10. - Inspectors authorized to conduct inspections.
Section 23-33-11. - Periodic inspections — Right of access — Consultation with person in charge.
Section 23-33-12. - Inspection — Reinspection — Examination and Licensee fee — Renewal.
Section 23-33-13. - Reports of authorized inspectors — Issuance of certificate — Fee.
Section 23-33-14. - Reports of refusal or cancellation of insurance.
Section 23-33-15. - Order to cease operation or make repairs.
Section 23-33-15.1. - Enforcement procedure.
Section 23-33-16. - Issuance and posting of certificate.
Section 23-33-17. - Notice of new installation — Temporary permit for testing.
Section 23-33-18. - Assistance to owners — Appeal of decisions to commission.
Section 23-33-19. - Appeals to superior court.
Section 23-33-20. - Penalty for violations — Prosecution.
Section 23-33-21. - Severability.
Section 23-33-22.1. - Warning signs near elevators in nursing homes.
Section 23-33-23. - Safety devices on elevators.
Section 23-33-24. - Inspections — Notice of violations.
Section 23-33-25. - Access of owners to leased premises.
Section 23-33-26. - Civil liability for injuries resulting from noncompliance.
Section 23-33-27. - Fine for noncompliance.
Section 23-33-28. - Municipal regulation.