70A-7a-309 - Duty of care -- Contractual limitation of carrier's liability. - Utah Statutes

70A-7a-309. Duty of care -- Contractual limitation of carrier's liability.
(1) A carrier that issues a bill of lading, whether negotiable or nonnegotiable, shallexercise the degree of care in relation to the goods which a reasonably careful person wouldexercise under similar circumstances. This Subsection (1) does not affect any statute, regulation,or rule of law that imposes liability upon a common carrier for damages not caused by itsnegligence.
(2) Damages may be limited by a term in the bill of lading or in a transportationagreement that the carrier's liability may not exceed a value stated in the bill or transportationagreement if the carrier's rates are dependent upon value and the consignor is afforded anopportunity 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 ownuse.
(3) Reasonable provisions as to the time and manner of presenting claims andcommencing actions based on the shipment may be included in a bill of lading or a transportationagreement.

Enacted by Chapter 42, 2006 General Session