§490:7-309  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. [L 2004, c 163, pt
of §1]