§ 41-07-25 — (7-309) Duty of care - Contractual limitation of carrier's liability

1. A carrier that issues a bill of lading, whether negotiable or non-negotiable, 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
statute, regulation, or rule of law that imposes liability upon a common carrier for
damages not caused by its negligence.
2. 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.
3. 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.