West Virginia Code § 46-7-309

Duty of care; contractual limitation of carrier's liability
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(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 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. e
(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 thue 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 thte 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 al bill of lading or a transportation
agreement. s
Part 4. Warehouse Receipts and Bills of Lading: General Obligations.

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