§ 30-2-106 — Action for damages; injury to person or property; loss of life; exception

For any injury to person or property occasioned by a violation
of or a willful failure to comply with this act, a right of
action against the party at fault shall accrue to the party
injured for the direct damages sustained thereby. In any case of
loss of life, by reason of such a violation or willful failure,
a right of action against the party at fault shall accrue to the
administrator of the estate of the deceased person for like
recovery of damages for the injuries sustained. Nothing in this
section shall be construed to prevent the recovery of any lawful
damages against the person or company operating a mine if the
company is found at fault or to have contributed to any accident
by their carelessness. The state shall not be liable for damages
under this section.