§ 7-309. Duty of Care; Contractual Limitation of Carrier's Liability
Oklahoma Statutes AnnotatedTitle 12A. Commercial Code
12A Okl.St.Ann. § 7-309
§ 7-309. Duty of Care; Contractual Limitation of Carrier's Liability
Duty of Care; Contractual Limitation of Carrier's Liability.
(a) A carrier that issues a bill of lading, whether negotiable or nonnegotiable, shall exercise the degree of care in relation to the goods which a reasonably careful person would exercise under similar circumstances. This subsection does not affect any statute, regulation, or rule of law that imposes liability upon a common carrier for damages not caused by its negligence.
(b) Damages may be limited by a term in the bill of lading or in a transportation agreement that the carrier's liability may not exceed a value stated in the bill or transportation agreement if the carrier's rates are dependent upon value and the consignor is afforded an opportunity to declare a higher value and the consignor is advised of the opportunity. However, such a limitation is effective with respect to the carrier's liability for conversion to its own use.
Credits
Laws 1961, p. 147, § 7-309; Laws 2005, c. 140, § 23, eff. Jan. 1, 2006.
12A Okl. St. Ann. § 7-309, OK ST T. 12A § 7-309
Current with emergency effective legislation through Chapter 106 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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