2015 Kentucky Revised Statutes
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355.7-309 Duty of care -- Contractual limitation of carrier's liability.
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.
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 not effective with respect
to the carrier's liability for conversion to its own use.
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
Effective: July 12, 2012
History: Repealed and reenacted 2012 Ky. Acts ch. 132, sec. 25, effective July 12,
2012. -- Created 1958 Ky. Acts ch. 77, sec. 7-309, effective July 1, 1960.
CHAPTER 355 - UNIFORM COMMERCIAL CODE
Article 7 - Warehouse Receipts, Bills of Lading, and Other Documents of Title
7.7-309 Duty of care -- Contractual limitation of carrier's liability.
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