40-9-103. Liability for damages.

Statute text

(1) In case any common carrier subject to the provisions of sections 40-9-101 to 40-9-105 does, causes, or permits any act, matter, or thing prohibited or declared to be unlawful in said sections or omits any act, matter, or thing required to be done in said sections such common carrier shall be liable to the person injured thereby for the full amount of damages sustained in consequence of any violation of the provisions of sections 40-9-101 to 40-9-105.

(2) Every common carrier receiving property for transportation between points within this state shall issue a receipt or a bill of lading therefor and shall be liable to the lawful holder thereof for all loss, damage, or injury to such property caused by it or by any common carrier to which such property may be delivered or over whose lines such property may pass. No contract, receipt, rule, or regulation shall exempt such common carrier from any liability imposed in this section, but the carrier shall not be responsible for any greater sum than the value as fixed in the contract, receipt, or bill of lading where such valuation is stated. Nothing in this section shall deprive any holder of such receipt or bill of lading of any remedy or right of action which he has under existing law. The common carrier issuing such receipt or bill of lading shall be entitled to recover from the common carrier on whose lines the loss, damage, or injury has been sustained the amount of such loss, damage, or injury as it may be required to pay to the owners of such property, as may be evidenced by any receipt, judgment, or transcript thereof.

(3) Notwithstanding subsection (2) of this section, a rail carrier may establish rates for the transportation of property under which the liability of the carrier for such property is limited to a value established by a written declaration of the shipper or by a written agreement between the shipper and the rail carrier, and such carrier may provide in such written declaration or agreement for specified amounts to be deducted from any claim against the rail carrier for loss or damage to the property or for delay in the transportation of such property.

History

Source: L. 07: p. 534, 8. R.S. 08: 5452. L. 10: p. 49, 8. C.L. 2985. CSA: C. 29, 8. CRS 53: 115-12-3. C.R.S. 1963: 115-12-3. L. 84: (3) added, p. 1043, 8, effective July 1.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "Impact of the Uniform Commercial Code on Colorado Law", see 42 Den. L. Ctr. J. 67 (1965).

Agent may place value on goods. An agent having the authority to make shipment of goods has authority to make a statement of their value, even though he has no knowledge of the actual value. Denver & R. G. R. R. v. Teufel, 64 Colo. 515, 172 P. 1060 (1918).

The provision of this section reserving to the shipper "any remedy or right of action which he had under existing laws", does not impair the effect of the preceding provision limiting the carrier's liability to the value stated. Denver & R. G. R. R. v. Teufel, 64 Colo. 515, 172 P. 1060 (1918).

Maximum liability is amount fixed in bill of lading. A common carrier who fails to deliver goods committed to him for carriage is responsible, under this section, for no more than the value of the goods specified in the bill of lading. Denver & R. G. R. R. v. Teufel, 64 Colo. 515, 172 P. 1060 (1918).