§ 26-1-7-309 — Duty of care; contractual limitation of carrier's liability

(a) A carrier that issues a bill of lading,
whether negotiable or nonnegotiable, shall exercise the degree of care
in relation to the goods which a reasonably careful person would
exercise under similar circumstances. This subsection does not affect
any law, regulation, or rule of law that imposes liability upon a
common carrier for damages not caused by its negligence.
(b) Damages may be limited by a term in the bill of lading or in a
transportation agreement that the carrier's liability may not exceed a
value stated in the bill or transportation agreement if the carrier's rates
are dependent upon value and the consignor is afforded an opportunity
to declare a higher value and the consignor is advised of the
opportunity. However, such a limitation is not effective with respect to
the carrier's liability for conversion to its own use.
(c) Reasonable provisions as to the time and manner of presenting
claims and commencing actions based on the shipment may be
included in a bill of lading or a transportation agreement.
Formerly: Acts 1963, c.317, s.7-309. As amended by
P.L.143-2007, SEC.47.