Section 199. Liability for damage to property in transit


Latest version.
  • 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.