Sec. 42a-7-309. Duty of care; contractual limitation of carrier's liability. - Connecticut Statutes

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Statutes > Connecticut > Title42a > Art007 > Sec42a-7-309

      Sec. 42a-7-309. 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 which a reasonably careful person would exercise under similar circumstances. This subsection does not affect any statute, regulation or rule of law that imposes liability upon 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 upon 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.

      (1959, P.A. 133, S. 7-309; P.A. 04-64, S. 24.)

      History: P.A. 04-64 amended section to adopt the 2003 Revision of Uniform Commercial Code Article 7-Documents of Title.

      Defendant common carrier who received machines and marked bill of lading "received in good order", held liable for damages found on delivery to destination. Common carrier is an insurer except as to classes of shipment excepted under standard bill of lading. 5 Conn. Cir. Ct. 93.

State Codes and Statutes

Statutes > Connecticut > Title42a > Art007 > Sec42a-7-309

      Sec. 42a-7-309. 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 which a reasonably careful person would exercise under similar circumstances. This subsection does not affect any statute, regulation or rule of law that imposes liability upon 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 upon 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.

      (1959, P.A. 133, S. 7-309; P.A. 04-64, S. 24.)

      History: P.A. 04-64 amended section to adopt the 2003 Revision of Uniform Commercial Code Article 7-Documents of Title.

      Defendant common carrier who received machines and marked bill of lading "received in good order", held liable for damages found on delivery to destination. Common carrier is an insurer except as to classes of shipment excepted under standard bill of lading. 5 Conn. Cir. Ct. 93.

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State Codes and Statutes

Statutes > Connecticut > Title42a > Art007 > Sec42a-7-309

      Sec. 42a-7-309. 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 which a reasonably careful person would exercise under similar circumstances. This subsection does not affect any statute, regulation or rule of law that imposes liability upon 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 upon 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.

      (1959, P.A. 133, S. 7-309; P.A. 04-64, S. 24.)

      History: P.A. 04-64 amended section to adopt the 2003 Revision of Uniform Commercial Code Article 7-Documents of Title.

      Defendant common carrier who received machines and marked bill of lading "received in good order", held liable for damages found on delivery to destination. Common carrier is an insurer except as to classes of shipment excepted under standard bill of lading. 5 Conn. Cir. Ct. 93.