Title 9, Chapter 3, Section 52
( 9-3-52)
The limitation prescribed by this article shall not be asserted as a
defense by any person who would otherwise be entitled to its
benefits but who is in actual possession or control, as owner,
tenant, or otherwise, of such an improvement at the time any
deficiency of such an improvement constitutes the proximate cause of
the injury or death for which it is proposed to bring an action. | 
