§ 25-7-309. Duty of care; contractual limitation of carrier's liability. - North Carolina Statutes

§ 25‑7‑309.  Dutyof care; contractual limitation of carrier's liability.

(a)        A carrier thatissues a bill of lading, whether negotiable or nonnegotiable, shall exercisethe degree of care in relation to the goods which a reasonably careful personwould exercise under similar circumstances. This subsection does not affect anystatute, regulation, or rule of law that imposes liability upon a commoncarrier for damages not caused by its negligence.

(b)        Damages may belimited by a term in the bill of lading or in a transportation agreement thatthe carrier's liability may not exceed a value stated in the bill ortransportation agreement if the carrier's rates are dependent upon value andthe consignor is afforded an opportunity to declare a higher value and theconsignor is advised of the opportunity. However, such a limitation is noteffective with respect to the carrier's liability for conversion to its ownuse.

(c)        Reasonableprovisions as to the time and manner of presenting claims and commencingactions based on the shipment may be included in a bill of lading or atransportation agreement. (1965, c. 700, s. 1; 2006‑112, s. 25.)