Section 7-309 - Duty of care - Contractual limitation of carrier's liability(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.(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 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 transportation agreement.Okla. Stat. tit. 12A, § 7-309
Laws 1961, p. 147, § 7-309; Amended by Laws 2005 , HB 2035, c. 140, § 23, eff. 1/1/2006.Oklahoma Code Comment
(1) This does not change Oklahoma law. 13 O.S. § 62 provides that a carrier for reward must use at least ordinary care and diligence in the performance of all his duties. 13 O.S. § 131 provides that a carrier is liable for loss or injury "from any cause whatever," except inherent defect in the goods, act of public enemy, an act of law, and any irresistible superhuman cause. The effect of 13 O.S. § 131 is retained by the second sentence of this subsection.
(2) This subsection authorizes "released value" clauses. Previous Oklahoma law is in accord. 13 O.S. §§ 14, 15; Hefner v. Owens, Okl., 280 P.2d 1025 (1955); Sooner Freight Lines v. Lester, 199 Okl. 321,185 P.2d 469 (1947).
(3) Previous Oklahoma law is in accord: A. T. & S. F. Ry. Co. v. Cozart, 59 Okl. 136, 158 P. 933 (limitation as to time for filing claim held valid); St. Louis, I.M. & S. Ry. Co. v. Bentley, 71 Okl. 165, 176 P. 250 (1918) (limitation as to the time for filing suit held valid).