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§ 7309. Duty of care; contractual limitation of carrier's liability

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 13 Pa.C.S.A. Commercial CodeEffective: June 16, 2008

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 13 Pa.C.S.A. Commercial Code (Refs & Annos)
Division 7. Warehouse Receipts, Bills of Lading and Other Documents of Title (Refs & Annos)
Chapter 73. Bills of Lading: Special Provisions (Refs & Annos)
Effective: June 16, 2008
13 Pa.C.S.A. § 7309
§ 7309. Duty of care; contractual limitation of carrier's liability
Currentness
(a) Standard.--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 shall not affect any statute, regulation or rule of law that imposes liability upon a common carrier for damages not caused by its negligence.
(b) Limitation of damages.--
(1) Except as set forth in paragraph (2), 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.
(2) A limitation under paragraph (1) is not effective with respect to the carrier's liability for conversion to its own use.
(c) Included provisions.--Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the shipment may be included in a bill of lading or a transportation agreement.

Credits

2008, April 16, P.L. 57, No. 13, § 13, effective in 60 days [June 16, 2008].
13 Pa.C.S.A. § 7309, PA ST 13 Pa.C.S.A. § 7309
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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