400.7-309. Duty of care--contractual limitation of carrier's liability. - Missouri Statutes

Duty of care--contractual limitation of carrier's liability.

400.7-309. (1) A carrier who issues a bill of ladingwhether negotiable or nonnegotiable must exercise the degree ofcare in relation to the goods which a reasonably careful manwould exercise under like circumstances. This subsection doesnot repeal or change any law or rule of law which imposesliability upon a common carrier for damages not caused by itsnegligence.

(2) Damages may be limited by a provision that the carrier'sliability shall not exceed a value stated in the document if thecarrier's rates are dependent upon value and the consignor by thecarrier's tariff is afforded an opportunity to declare a highervalue or a value as lawfully provided in the tariff, or where notariff is filed he is otherwise advised of such opportunity; butno such limitation is effective with respect to the carrier'sliability for conversion to its own use.

(3) Reasonable provisions as to the time and manner ofpresenting claims and instituting actions based on the shipmentmay be included in a bill of lading or tariff.

(L. 1963 p. 503 § 7-309)