OMyMyOHellYes
Contributor
An effective VIP moderates this risk... and the sticker, well, that is external and can be observed pre-dive. Specifically, one that describes the inspection and standards to which it was performed ("dive industry standards" has no meaning and anybody affixing one of those may as well be pasting a Snickers bar wrapper to the tank.) And in the case of a heavy-use commercial dive operation, a sticker showing inspection in the last three months should be expected.perhaps you should read the last sentence of my comment. we actually agree for the most part.
but in this particular case it was apparently the internal condition of the cylinder that was the problem. so to suggest that could possibly be anyones fault other than the dive operator would be pretty ridiculous.
using your example, i totally agree that doing all the pref light checks you were trained to do is obviously the responsibility of the pilot. but if you blow the engine during take off because the owner of the aircraft has not done any regular engine work for the last two years, is that your fault? i guess it doesn't matter cuz you'd be dead?
this is no different than a diver. they should do their pre dive checks just like they were taught. they should even do a more thorough examination of the gear if they are not familiar with it.
but there is no way an average recreational diver could know the internal condition of a cylinder. no way to know the past maintenance. no way to know the internal condition of the regs either, or their past maintenance. etc etc. the only ones who know for sure are the people doing that maintenance.
when we rent gear we assume (possibly to our detriment) that the shop follows standard accepted practices for maintaining gear and providing safe, clean gas.
to your other example of nitrox.....i would absolutely analize the gas so i know the O2 content. but do you know the CO content? if they give you poisoned gas, who's fault is that? again, i guess it may not matter cuz you may be dead.
Now if an operator buys some of them there AmazBay stickers and indiscriminately puts them on, then that's a HUGE intentional liability, a fraud liability, which they are perpetuating. And they would bear complete liability in case of a failure. IMO. Should, could, again IMO, bear criminal liability.
OMMOHY