12A:7-309 - Duty of care; contractual limitation of carrier's liability - New Jersey Statutes

12A:7-309.  Duty of care;  contractual limitation of carrier's liability
    (1) A carrier who issues a bill of lading whether negotiable or non-negotiable must exercise the degree of care in relation to the goods which a reasonably careful man would exercise under like circumstances. This subsection does not repeal or change any law or rule of law which imposes liability upon a common carrier for damages not caused by its negligence.

    (2) Damages may be limited by a provision that the carrier's liability shall  not exceed a value stated in the document if the carrier's rates are dependent  upon value and the consignor by the carrier's tariff is afforded an opportunity  to declare a higher value or a value as lawfully provided in the tariff, or  where no tariff is filed he is otherwise advised of such opportunity;  but no  such limitation is effective with respect to the carrier's liability for  conversion to its own use.

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

     L.1961, c. 120, s. 7-309.