8.7-309 - Duty of care; contractual limitation of carrier's liability. - Virginia Statutes

§ 8.7-309. Duty of care; contractual limitation of carrier's liability.

(1) A carrier who issues a bill of lading, whether negotiable ornonnegotiable, must exercise the degree of care in relation to the goods thata reasonably careful man would exercise under like circumstances. Thissubsection does not repeal or change any law or rule of law that imposesliability upon a common carrier for damages not caused by its negligence.

(2) Damages may be limited by a provision that the carrier's liability shallnot exceed a value stated in the document if the carrier's rates aredependent upon value and the consignor is afforded an opportunity to declarea higher value and he is otherwise advised of such opportunity. However, nosuch limitation is effective with respect to the carrier's liability forconversion to his own use.

(3) Reasonable provisions as to the time and manner of presenting claims andinstituting actions based on the shipment may be included in a bill of ladingor a transportation agreement.

(1964, c. 219; 2004, c. 200.)