Section 400.7-309

Title XXVI TRADE AND COMMERCE

Chapter 400

Effective - 28 Aug 1963, 2 histories, see footnote   (history) 

  400.7-309.  Duty of care — contractual limitation of carrier's liability. — (1)  A carrier who issues a bill of lading whether negotiable or nonnegotiable must exercise the degree of care in relation to the goods which a reasonably careful man would exercise under like circumstances.  This subsection does not repeal or change any law or rule of law which imposes liability upon a common carrier for damages not caused by its negligence.

  (2)  Damages may be limited by a provision that the carrier's liability shall not exceed a value stated in the document if the carrier's rates are dependent upon value and the consignor by the carrier's tariff is afforded an opportunity to declare a higher value or a value as lawfully provided in the tariff, or where no tariff is filed he is otherwise advised of such opportunity; but no such limitation is 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 instituting actions based on the shipment may be included in a bill of lading or tariff.

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(L. 1963 p. 503 § 7-309)