{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.7-309.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.7-309.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.7-309.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.7-309.html"}],"law_id":378285,"edition_id":2,"section_id":378285,"structure_id":53753,"section_number":"8.7-309","catch_line":"Duty of care; contractual limitation of carrier’s liability","history":"1964, c. 219; 2004, c. 200.","full_text":"1\n\nA 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.\n\n2\n\nDamages may be limited by a provision that the carrier’s liability shall not exceed a value stated in the document if the carrier’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’s liability for conversion to his own use.\n\n3\n\nReasonable 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.\n\n","order_by":null,"text":{"0":{"id":1411332,"text":"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.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"next_prefix":"2"},"1":{"id":1411333,"text":"Damages may be limited by a provision that the carrier’s liability shall not exceed a value stated in the document if the carrier’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’s liability for conversion to his own use.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"2":{"id":1411334,"text":"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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"ancestry":[{"id":53753,"edition_id":2,"name":"Bills of Lading: Special Provisions","identifier":"3","label":"part","depth":2,"order_by":3,"parent_id":53750,"metadata":{"child_laws":9,"child_structures":0},"date_created":"2026-08-02 03:21:41","date_modified":"2026-08-02 12:28:34","permalink":{"id":1510505,"object_type":"structure","relational_id":53753,"identifier":"3","token":"8.7\/3","url":"\/8.7\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53750,"edition_id":2,"name":"Commercial Code \u2014 Warehouse Receipts, Bills of Lading and Other Documents of Title","identifier":"8.7","label":"title","depth":1,"order_by":26,"parent_id":null,"metadata":{"child_laws":42,"child_structures":6},"date_created":"2026-08-02 03:21:39","date_modified":"2026-08-02 12:28:33","permalink":{"id":1510431,"object_type":"structure","relational_id":53750,"identifier":"8.7","token":"8.7","url":"\/8.7\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":378277,"structure_id":53753,"section_number":"8.7-301","catch_line":"Liability for nonreceipt or misdescription; \"said to contain\"; \"shipper's load and count\"; improper handling","url":"\/8.7-301\/","token":"8.7\/3\/8.7-301","metadata":false},{"id":378278,"structure_id":53753,"section_number":"8.7-302","catch_line":"Through bills of lading and similar documents","url":"\/8.7-302\/","token":"8.7\/3\/8.7-302","metadata":false},{"id":378279,"structure_id":53753,"section_number":"8.7-303","catch_line":"Diversion; reconsignment; change of instructions","url":"\/8.7-303\/","token":"8.7\/3\/8.7-303","metadata":false},{"id":378280,"structure_id":53753,"section_number":"8.7-304","catch_line":"Bills of lading in a set","url":"\/8.7-304\/","token":"8.7\/3\/8.7-304","metadata":false},{"id":378281,"structure_id":53753,"section_number":"8.7-305","catch_line":"Destination bills","url":"\/8.7-305\/","token":"8.7\/3\/8.7-305","metadata":false},{"id":378282,"structure_id":53753,"section_number":"8.7-306","catch_line":"Altered bills of lading","url":"\/8.7-306\/","token":"8.7\/3\/8.7-306","metadata":{"court_decisions":""}},{"id":378283,"structure_id":53753,"section_number":"8.7-307","catch_line":"Lien of carrier","url":"\/8.7-307\/","token":"8.7\/3\/8.7-307","metadata":false},{"id":378284,"structure_id":53753,"section_number":"8.7-308","catch_line":"Enforcement of carrier's lien","url":"\/8.7-308\/","token":"8.7\/3\/8.7-308","metadata":false},{"id":378285,"structure_id":53753,"section_number":"8.7-309","catch_line":"Duty of care; contractual limitation of carrier's liability","url":"\/8.7-309\/","token":"8.7\/3\/8.7-309","metadata":false}],"previous_section":{"id":378284,"structure_id":53753,"section_number":"8.7-308","catch_line":"Enforcement of carrier's lien","url":"\/8.7-308\/","token":"8.7\/3\/8.7-308","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.7-309\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 219 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2004, chapter 200<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1510539,"object_type":"law","relational_id":378285,"identifier":"8.7-309","token":"8.7\/3\/8.7-309","url":"\/8.7-309\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.7-309\/","token":"8.7\/3\/8.7-309","dublin_core":{"Title":"Duty of care; contractual limitation of carrier’s liability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.7-309","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

1.<\/span> A carrier who issues<\/span> 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<\/span> or rule of law<\/span> that imposes liability upon a common carrier for damages<\/span> not caused by its negligence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Damages<\/span> may be limited by a provision that the carrier’s liability shall not exceed a value stated in the document if the carrier’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’s liability for conversion to his own use. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> 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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDUTY OF CARE; CONTRACTUAL LIMITATION OF CARRIER’S LIABILITY (\u00a7 8.7-309)\n\n1. A carrier who issues a bill of lading, whether negotiable or nonnegotiable,\nmust exercise the degree of care in relation to the goods that a reasonably\ncareful man would exercise under like circumstances. This subsection does not\nrepeal or change any law or rule of law that imposes liability upon a common\ncarrier for damages not caused by its negligence.\n\n2. Damages may be limited by a provision that the carrier’s liability\nshall not exceed a value stated in the document if the carrier’s rates are\ndependent upon value and the consignor is afforded an opportunity to declare a\nhigher value and he is otherwise advised of such opportunity. However, no such\nlimitation is effective with respect to the carrier’s liability for\nconversion to his own use.\n\n3. Reasonable provisions as to the time and manner of presenting claims and\ninstituting actions based on the shipment may be included in a bill of lading or\na transportation agreement.\n\nHISTORY: 1964, c. 219; 2004, c. 200.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}