§269-23  Liability of initial and delivering
common carrier for loss; limitation of liability; notice and filing of claim. 
Any common carrier receiving property for transportation from a point in Hawaii
to a point in Hawaii shall issue a receipt or bill of lading therefor, and
shall be liable to the lawful holder thereof for any loss, damage, or injury to
the property caused by it or by any common carrier or transportation company to
which the property may be delivered or over whose line or lines the property
may pass when transported on a through bill of lading, and no contract,
receipt, rule, regulation, or other limitation of any character whatsoever
shall exempt the common carrier from the liability imposed; and any such common
carrier so receiving property for transportation or any common carrier or
transportation company delivering the property so received and transported
shall be liable to the lawful holder of the receipt or bill of lading or to any
party entitled to recover thereon, whether the receipt or bill of lading has
been issued or not, for the full actual loss, damage, or injury to such
property caused by it or by any common carrier or transportation company to
which the property may be delivered or over whose line or lines the property
may pass when transported on a through bill of lading, notwithstanding any
limitation of liability or limitation of the amount of recovery or
representation or agreement as to value in any receipt or bill of lading, or in
any contract, rule, regulation, or in any tariff filed with the public
utilities commission; and any such limitation, without respect to the manner or
form in which it is sought to be made is declared to be unlawful and void;
provided that if the loss, damage, or injury occurs while the property is in
the custody of a carrier by water the liability of the carrier shall be
determined by the bill of lading of the carrier by water and by and under the
laws and regulations applicable to transportation by water, and the liability
of the initial or delivering carrier shall be the same as that of the carrier
by water; provided that the provisions hereof respecting liability for full
actual loss, damage, or injury, notwithstanding any limitation of liability or
recovery or representation or agreement or release as to value, and declaring
any such limitation to be unlawful and void, shall not apply, first, to baggage
carried on passenger trains or boats, or trains or boats carrying passengers;
second, to property, except ordinary livestock, received for transportation
concerning which the carrier shall have been or shall be expressly authorized
or required by order of the commission to establish and maintain rates
dependent upon the value declared in writing by the shipper or agreed upon in
writing as the released value of the property, in which case the declaration or
agreement shall have no other effect than to limit liability and recovery to an
amount not exceeding the value so declared or released, and any tariff schedule
which may be filed with the commission pursuant to the order shall contain
specific reference thereto and may establish rates varying with the value so
declared and agreed upon; and the commission may make such order in cases where
rates dependent upon and varying with declared or agreed values would, in its
opinion, be just and reasonable under the circumstances and conditions
surrounding the transportation; provided further that nothing in this section
shall deprive any holder of the receipt or bill of lading of any remedy or
right of action which the holder has under the existing law; provided further
that it shall be unlawful for any such receiving or delivering common carrier
to provide by rule, contract, regulation, or otherwise a shorter period for the
filing of claims than four months, and for the institution of suits than two
years, such period for institution of suits to be computed from the day when
notice in writing is given by the carrier to the claimant that the carrier has
disallowed the claim or any part or parts thereof specified in the notice; and
provided further that the liability imposed by this section shall also apply in
the case of property reconsigned or diverted in accordance with the applicable
tariffs filed as provided by the commission. [L 1961, c 66, §1; am L 1963, c
193, §32; Supp, §104-21.5; HRS §269-23; gen ch 1985]



 



Attorney General Opinions



 



  Discussion of state-federal jurisdiction over interisland air
carriers.  Att. Gen. Op. 71-3.



 



Case Notes



 



  Onus on carrier to disprove negligence when goods are damaged
while in carrier's possession.  8 H. 525.