Coldwater_Canuck
Contributor
I agree in general terms, but I feel a court may want more than that. Certification at least shows some proof that you know what you're talking about. In an industry that is largely self regulated, it is as close to a legal document (say a drivers license to dive) as there is. If someone walks in with a cert card to rent gear, I give it to him, and he decides to dive to 300 feet and drown, I'm pretty sure no judge or jury could find me liable (I'm not sure exactly what I did wrong). But if in an industry where certification is the standard (and the lawyer will argue this point) I give out this gear and the guy kills himself, now the plaintiff probably has a solid case.Qualified and certified are not the same thing. There is (and unwarranted) assumption that certified is qualified, but there is no such assumption that not-certified is, by definition, not qualified.
There is no way to make yourself not-liable (even being a dive buddy could get you sued), but I certainly wouldn't want to do anything that puts a target on my back.
In the case I personally know, all the "guilty" party did was say "yes" when someone asked to go swimming off their dock. Next thing, they owe that someone thousands of dollars. It doesn't take much ...
I think if all shops rented without training, I think the government would step in with their own regulations. The governments accept self regulation because in general it's worked decent, but I don't think you'd have many countries with no regulation.The shops establish the test, the "standard of practice in the community." If all shops rented without training there would be no liability. Either the shops are greedy, stupid or just stuck ... take your choice.