§ 7-309 — Duty of Care; Contractual Limitation of Carrier's Liability

Section 7--309. Duty of Care; Contractual Limitation of Carrier's\n Liability.\n (a) A carrier that issues a bill of lading, whether negotiable or\nnonnegotiable, shall exercise the degree of care in relation to the\ngoods which a reasonably careful person would exercise under similar\ncircumstances. This subsection does not affect any statute, regulation,\nor rule of law that imposes liability upon a common carrier for damages\nnot caused by its negligence.\n (b) Damages may be limited by a term in the bill of lading or in a\ntransportation agreement that the carrier's liability may not exceed a\nvalue stated in the bill or transportation agreement if the carrier's\nrates are dependent upon value and the consignor is afforded an\nopportunity to declare a higher value and the consignor is advised of\nthe opportunity. However, such a limitation is not effective with\nrespect to the carrier's liability for conversion to its own use.\n (c) Reasonable provisions as to the time and manner of presenting\nclaims and commencing actions based on the shipment may be included in a\nbill of lading or a transportation agreement.\n