Title 11, Chapter 7, Section 204
( 11-7-204)
Duty of care; contractual limitation of warehouseman's liability. (1) A warehouseman is liable for damages for loss of or injury to
the goods caused by his failure to exercise such care in regard to
them as a reasonably careful man would exercise under like
circumstances but unless otherwise agreed he is not liable for
damages which could not have been avoided by the exercise of such
care. (2) Damages may be limited by a term in the warehouse receipt or
storage agreement limiting the amount of liability in case of loss
or damage, and setting forth a specific liability per article or
item, or value per unit of weight, beyond which the warehouseman
shall not be liable; provided, however, that such liability may on
written request of the bailor at the time of signing such storage
agreement or within a reasonable time after receipt of the warehouse
receipt be increased on part or all of the goods thereunder, in
which event increased rates may be charged based on such increased
valuation, but that no such increase shall be permitted contrary to
a lawful limitation of liability contained in the warehouseman's
tariff, if any. No such limitation is effective with respect to the
warehouseman's liability for conversion to his own use. (3) Reasonable provisions as to the time and manner of presenting
claims and instituting actions based on the bailment may be included
in the warehouse receipt or tariff. |