Duty of care
- • contractual limitation of carriers liability
(1) 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.
(2) Damages may be limited by a term in the bill of lading or in a transportation agreement that the carriers liability may not exceed a value stated in the bill or transportation agreement if the carriers 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 not effective with respect to the carriers liability for conversion to its own use.
(3) 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. [1961 c.726 §77.3090 (Duty of care); 2009 c.181 §72]
WAREHOUSE RECEIPTS AND BILLS OF LADING: GENERAL OBLIGATIONS
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information