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This entry was published on 2014-09-22
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SECTION 199
Liability for damage to property in transit
Transportation (TRA) CHAPTER 61-A, ARTICLE 9
§ 199. Liability for damage to property in transit. Every common
carrier of household goods by motor vehicle shall, upon demand, issue a
bill of lading for all property delivered to it for transportation. No
contract, stipulation or clause in any bill of lading shall exempt any
common carrier of household goods by motor vehicle from any liability
for loss, damage or injury caused by it to property from the time of its
delivery for transportation until the same shall have been received at
its destination and a reasonable time shall have elapsed after notice to
the shipper of such arrival to permit the removal and inspection of such
property; provided, however, that a carrier may limit such liability to
the value declared in writing by the shipper or agreed upon in writing
by the carrier and the shipper as the released value of the property, in
which case such declaration or agreement shall have no other effect than
to limit liability and recovery to an amount not exceeding the value so
declared or released and shall not, so far as relates to values, be held
to violate this article. Every common carrier of household goods by
motor vehicle shall be liable for all loss, damage or injury to property
caused by delay in transit due to negligence while the same is being
carried by it, but in any action to recover for damages sustained by
delay in transit the burden of proof shall be upon the defendant to show
that such delay was not due to negligence. Nothing in this section shall
deprive any holder of such bill of lading of any remedy or right of
action which such holder has under existing law.