The issue is the problems that happen that you may not have even noticed. Somebody splashes off your boat with their air turned off and drowns. Their spouse decides, as a pro, you had a duty of care to check their gas before they splashed. You didn't do that, so you're found negligent (because the spouse had a better lawyer than you did).
@stuartv I get what you are saying and that is certainly food for thought. I guess I just feel that if we truly believe this mantra that we constantly say to ourselves and each other, that we are responsible for our own safety, then we have to accept the converse of that which is we (the individual) are also responsible for the stupid **** that we do.
My surface intervals are spent running a custom metal fabrication shop and safety is a huge concern for us. My high level job each day is to ensure that each one of my employees goes home to their family in the same condition that they arrived here. I do this through extensive safety training and developing a safety culture that permeates from the bottom up. As good as I think my safety programs are here they do not hold a candle to the overall safety culture that I have witnessed in the scuba industry. I say all this to say that anyone can be sued for anything by anyone but I will not allow the perfect be the enemy of the good. If someone is to worry about being sued then they are likely to miss out on a whole bunch of stuff in life.