(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. CHAPTER 74 WAREHOUSE RECEIPTS AND BILLS OF LADING: GENERAL OBLIGATIONS Sec. 7401. Irregularities in issue of receipt or bill or conduct of issuer. 7402. Duplicate document of title; overissue. 7403. Obligation of bailee to deliver; excuse. 7404. No liability for good faith delivery pursuant to document of title. Prior Provisions. Former Chapter 74, which related to the same subject matter, was added November 1, 1979, P.L.255, No.86, and repealed April 16, 2008, P.L.57, No.13, effective in 60 days.
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