§ 39-12-28 - Bill of lading requirements – Liability for damages.
SECTION 39-12-28
§ 39-12-28 Bill of lading requirements– Liability for damages. – Any common carrier subject to the provisions of this chapter, receivingproperty for transportation between points within this state, shall issue areceipt or bill of lading therefor, and shall be liable to the lawful holderthereof for any loss, damage, or injury to the property caused by it or by anyother common carrier to which the property may be delivered or over whose lineor lines the property may pass within this state when transported on a throughbill of lading, and any common carrier so receiving property for transportationbetween points within this state or any common carrier delivering the propertyso received and transported shall be liable to the lawful holder of the receiptor bill of lading or to any party entitled to recover thereon, whether thereceipt or bill of lading has been issued or not, for the actual loss, damage,or injury to the property caused by it or by any common carrier to which theproperty may be delivered or over whose line or lines the property may passwithin this state when transported on a through bill of lading notwithstandingany limitation of liability or limitation of the amount of recovery orrepresentation or agreement as to value in any receipt or bill of lading, orany contract, rule, regulation, or in any tariff filed with the administrator;and the limitation without respect to the manner or form in which it is soughtto be made is hereby declared to be unlawful and void; provided, however, thatthe provisions hereof respecting liability for full actual loss, damage, orinjury, notwithstanding any limitation of liability or recovery orrepresentation or agreement or release as to value and declaring any limitationto be unlawful and void, shall not apply to property received fortransportation concerning which the motor carrier shall have been or shallhereafter be expressly authorized or required by order of the administrator toestablish and maintain rates dependent upon the value declared in writing bythe shipper or agreed upon in writing as the released value of the property, inwhich case the declaration or agreement shall have no other effect than tolimit liability and recovery to an amount not exceeding the value so declaredor released; and any tariff or schedule which may be filed with theadministrator pursuant to the order shall contain specific reference theretoand may establish rates varying with the value so declared and agreed upon; andthe administrator is hereby empowered to make the order in cases where ratesdependent upon and varying with declared or agreed value would, in his or heropinion, be just and reasonable under the circumstances surrounding thetransportation; provided, further, that nothing in this chapter shall depriveany holder of a receipt or bill of lading of any remedy or right of actionwhich he or she has under existing law; provided, further, that it shall beunlawful for any motor common carrier to provide by rule, contract, regulation,or otherwise, a shorter period for the filing of claims than nine (9) months,and for the institution of suits than two (2) years, the period for institutionof suits to be computed from the day when notice in writing is given by thecarrier to the claimant that the carrier has disallowed the claim or any partor parts thereof specified in the notice; and, provided, further, that theliability imposed in this section shall also apply to property reconsigned ordiverted in accordance with the applicable tariff filed as in this chapterprovided. The common carrier issuing the receipt or bill of lading, ordelivering the property so received and transported, shall be entitled torecover from the common carrier over whose lines the loss, damage, or injuryshall have been sustained, the amount of the loss, damage, or injury as it maybe required to pay to the owners of the property, as may be evidenced by anyreceipt, judgment, or transcript thereof, and the amount of any expensereasonably incurred by it in defending the action at law brought by the ownersof the property.