# ORS § 77.2040: 77.2040 Duty of care

> Oregon · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C77_S77.2040

## Section

- **Citation:** ORS § 77.2040
- **Heading:** 77.2040 Duty of care
- **Jurisdiction:** Oregon
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** OR Code / Title 8 / Chapter 77 / Section 77.2040

## Text

(1) 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.

(2) 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 warehouse receipt. In this event, increased rates may be charged based on an increased valuation of the goods.

(3) 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.

(4) This section does not modify or repeal any existing law or rule of law that imposes a higher responsibility upon the warehouse or invalidates a contractual limitation that would be permissible under this chapter. [1961 c.726 § 77.2040 (Duty of care) ; 2009 c.181 §58]

Source: Section 77.2040 — Duty of care; contractual limitation of warehouse’s liability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors077.­html (accessed May 26, 2025).

## Nearby sections

- [ORS § 77.1010 77.1010 Short title](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C77_S77.1010.md)
- [ORS § 77.1020 77.1020 Definitions and index of definitions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C77_S77.1020.md)
- [ORS § 77.1030 77.1030 Relation of chapter to treaty or statute](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C77_S77.1030.md)
- [ORS § 77.1040 77.1040 Negotiable and nonnegotiable document of title](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C77_S77.1040.md)
- [ORS § 77.1050 77.1050 Reissuance in alternative medium](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C77_S77.1050.md)
- [ORS § 77.1060 77.1060 Control of electronic document of title](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C77_S77.1060.md)
- [ORS § 77.2010 77.2010 Person that may issue a warehouse receipt](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C77_S77.2010.md)
- [ORS § 77.2020 77.2020 Form of warehouse receipt](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C77_S77.2020.md)
- [ORS § 77.2030 77.2030 Liability for nonreceipt or misdescription](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C77_S77.2030.md)
- [ORS § 77.2040 77.2040 Duty of care](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C77_S77.2040.md)
- [ORS § 77.2050 77.2050 Title under warehouse receipt defeated in certain cases](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C77_S77.2050.md)
- [ORS § 77.2060 77.2060 Termination of storage at warehouse’s option](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C77_S77.2060.md)
- [ORS § 77.2070 77.2070 Goods must be kept separate](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C77_S77.2070.md)
- [ORS § 77.2080 77.2080 Altered warehouse receipts](https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C77_S77.2080.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T8_C77_S77.2040. Check the current official text before relying on it. Not legal advice.