47-7309. Duty of care; contractual limitation
of carrier's liability
A. A carrier that issues a bill of lading, whether negotiable or nonnegotiable,
shall exercise the degree of care in relation to the goods that a reasonably careful
person would exercise under similar circumstances. This subsection does not affect any
statute, regulation or rule of law that imposes liability on a common carrier for damages
not caused by its negligence.
B. 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 on 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.
C. 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.
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