KRS 355.7-309: Duty of care -- Contractual limitation of carrier's liability.

(1) 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.

(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 v alue 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 ef fective with respect

to the carrier's liability for conversion to its own use.

(3) 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.