§ 7204. Duty of care; contractual limitation of warehouse's
liability.
(a) Duty of care.--A warehouse is liable for damages for loss of or injury to the goods caused by its failure to exercise care with regard to the goods that a reasonably careful person would exercise under similar circumstances. Unless otherwise agreed, the warehouse is not liable for damages that could not have been avoided by the exercise of that care.
(b) Contractual limitation.--Damages may be limited by a term in the warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage beyond which the warehouse is not liable. Such a limitation is not effective with respect to the warehouse's liability for conversion to its own use. On request of the bailor in a record at the time of signing the storage agreement or within a reasonable time after receipt of the warehouse receipt, the warehouse's liability may be increased on part or all of the goods covered by the storage agreement or the warehouse receipt. In this event, increased rates may be charged based on an increased valuation of the goods.
(c) Claim presentation.--Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the bailment may be included in the warehouse receipt or storage agreement.
Cross References. Section 7204 is referred to in section 7202 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 72 - Warehouse Receipts: Special Provisions
Section 7201 - Person that may issue a warehouse receipt; storage under bond
Section 7202 - Form of warehouse receipt; effect of omission
Section 7203 - Liability for nonreceipt or misdescription
Section 7204 - Duty of care; contractual limitation of warehouse's liability
Section 7205 - Title under warehouse receipt defeated in certain cases
Section 7206 - Termination of storage at warehouse's option
Section 7207 - Goods must be kept separate; fungible goods
Section 7208 - Altered warehouse receipts