- (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 shall 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.
HISTORY: 1962 Code Section 10.7-309; 1966 (54) 2716; 2014 Act No. 213 (S.343), Section 2, eff October 1, 2014. Part 4 Warehouse Receipts and Bills of Lading: General Obligations