Title 11, Chapter 7, Section 309
( 11-7-309)
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. |