                                 CODE OF VIRGINIA

DUTY OF CARE; CONTRACTUAL LIMITATION OF CARRIER&#8217;S LIABILITY (§ 8.7-309)

1. A carrier who issues a bill of lading, whether negotiable or nonnegotiable,
must exercise the degree of care in relation to the goods that a reasonably
careful man would exercise under like circumstances. This subsection does not
repeal or change any law 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 provision that the carrier&#8217;s liability
shall not exceed a value stated in the document if the carrier&#8217;s rates are
dependent upon value and the consignor is afforded an opportunity to declare a
higher value and he is otherwise advised of such opportunity. However, no such
limitation is effective with respect to the carrier&#8217;s liability for
conversion to his own use.

3. Reasonable provisions as to the time and manner of presenting claims and
instituting actions based on the shipment may be included in a bill of lading or
a transportation agreement.

HISTORY: 1964, c. 219; 2004, c. 200.