South Dakota Codified Laws 57A-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 not effective with respect to the carrier’s liability for conversion to its own use.
Terms Used In South Dakota Codified Laws 57A-7-309
- Carrier: means a person that issues a bill of lading. See South Dakota Codified Laws 57A-7-102
- Consignor: means a person named in a bill of lading as the person from which the goods have been received for shipment. See South Dakota Codified Laws 57A-7-102
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dependent: A person dependent for support upon another.
- Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See South Dakota Codified Laws 57A-7-102
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Statute: A law passed by a legislature.
(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 a transportation agreement.
Source: SL 2009, ch 254, § 7-309.