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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

Section 1307.309 | Duty of care; contractual limitation of carrier's liability -UCC 7-309.

Ohio Revised Code
/
Title 13 Commercial Transactions
/
Chapter 1307 Documents Of Title
 
Effective:
June 29, 2011
Latest Legislation:
House Bill 9 - 129th General Assembly
PDF:
Download Authenticated PDF
 

Duty of care; contractual limitation of carrier's liability [UCC 7-309]

(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 division 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 not effective with respect to the carrier's liability for conversion to its own use.

(C) 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.

Available Versions of this Section