very well thought out and well wrtten. i have not read all the following posts but will take the time to do so at a later date.
i believe in todays world, everything is about liability. no one wants it. most business (including dive ops) will always try to deflect the liability/responsibility to someone else to avoid legal action in the event of an accident or especially a death. this is the way it is and always will be.
it would be very difficult to try and decide who really is ultimately responsible for the safety of a "new diver". at first, we might say that it is always a divers responsibility to make sure they themselves are safe, and not participating on a dive that they are not ready for. and no matter what, they are responsible for themselves.....period. but that would not be the reality. many times i have been on a boat with divers that are clearly, and obviously not experienced or comfortable enough to be on those dives. even though they think they are. and if it is clear to me (as an unprofessional diver) then surely it is clear to the staff and or the crew of the dive op. in a case such as this, i believe the op must take at least partial responsibility if something goes wrong. after all, the very definition of negligence is allowing something to take place when it should be clear to you that something most likely will go wrong. as a paid proffessional, whos role it is to bring those paying customers on a dive. it is definetely your responsibility as the one "in charge" to prevent any diver from participating if you think (for any reason) they are not capable of safely completing the dive.
don't get me wrong. there will always be unforseeable circumstances that result in an injury or a death. but if a dive op knowingly takes someone to a site they are not qualified to be at. they should be held responsible in part, should something go wrong.
a "new diver" is just that......new, and inexperienced. they are paying for the services of a proffessional outfit to provide them with a reasonably safe and enjoyable experience. sometimes we need those proffessionals to use their knowledge and training to save a diver from themselves.
if a rookie diver seems to be well trained, comfortable in the water and has not shown the staff or crew a reason to doubt their abilities, then that dive op cannot be held responsible should something go wrong.
just a reminder to anyone here who is just starting out. NEVER, EVER, allow your self to be put in a situation that you are not comfortable. don't let the fear of shame or embarrassment keep you from asking questions or voicing your concerns. most dive crews are good people. they will be there to help in anyway they can. but they are not mind readers. they can't make informed decisions about dive planning if you don't give them the info they need to make those decisions. speak up !! if it feels wrong, don't do it !!