Colorado Code
Part 3 - Bills of Lading - Special Provisions
§ 4-7-309. Duty of Care - Contractual Limitation of Carrier's Liability

Source: L. 2006: Entire article R&RE, p. 482, § 2, effective September 1. L. 2007: (a) and (b) amended, p. 370, § 15, effective August 3.
Editor's note: This section is similar to former § 4-7-309 as it existed prior to 2006.
Prior Uniform Statutory Provision: Former Section 7-309.
Changes: References to tariffs eliminated because of deregulation, adding reference to transportation agreements, and for style.
Purposes:

Federal statutes and treaties for air, maritime and rail transport may alter the standard of care. These federal statutes and treaties preempt this section when applicable. Section 7-103. Subsection (a) does not impair any rule of law imposing the liability of an insurer on a common carrier in intrastate commerce. Subsection (b), however, applies to the common carrier's liability as an insurer as well as to liability based on negligence. Subsection (b) allows the term limiting damages to appear either in the bill of lading or in the parties' transportation agreement. Compare 7-204(b). Subsection (c) allows the parties to agree to provisions regarding time and manner of presenting claims or commencing actions if the provisions are either in the bill of lading or the transportation agreement. Compare 7-204(c). Transportation agreements are commonly used to establish agreed terms between carriers and shippers that have an on-going relationship.
Cross Reference: Sections 1-302, 7-103, 7-204, 7-403.
Definitional Cross References:
"Action". Section 1-201.
"Bill of lading". Section 1-201.
"Carrier". Section 7-102.
"Consignor". Section 7-102.
"Document of Title". Section 1-201.
"Goods". Section 7-102.
"Value". Section 1-204.