How does that liability work when the inspection was week, months, up to a year prior and the shop or inspector loses control of the tank when it goes out the door?
My argument in court would go as follows. "At the time I returned the tank back to the customer, with a complete fill and visual inspection, I am certifying that this tank is in good working order, and shall remain so only until the customer takes back custody of the cylinder and leaves my property. It is the responsibility of the customer to maintain the integrity of this cylinder until he returns for any additional fills or services from this point in time." Now as an expert witness in court, at least that is what attorneys have called me here in our county, and believe me I have been called worse, I will tell you that between a jury trial (civil) and a judge trial (civil), the judge will be more likely to be on your side, than 12 people who have no clue anything about Scuba would ever be. In North Carolina, civil cases with lawsuits less than $2,500.00 are usually only non jury trials and a judge makes the final verdicts. With juries, I have always used this terminology, You Have To Prove To 12 Ignorant People, What You Did Was Correct And What The Other Guy Did Was Wrong. Disclaimer: There is a difference between being STUPID and being Ignorant, feel free to look up the definitions (I always get a weird look from people, when I call them ignorant in open court). Now with all this being said, its still a gamble. Who remembers the guy who ordered hot coffee from Mcdonalds and ended up spilling it on himself. Since Mcdonalds did not have "BECAREFUL, COFFEE IS HOT," written on the outside of the cup, he won a law suit for several millions of dollars against them. In a nut shell he manipulated the system legally and won. Sometimes playing stupid pays off.
Now as far as liability, our customers sign a waiver before we do any service to any scuba related equipment, giving us the authority to service and even condemn equipment, and furthermore, sign an agreement that they accept all responsibility after leaving our property with their cylinder. No signature, no service, simple as that. Do we have people who complain, absolutely. Do we have people who leave with out a service, absolutely. Do we have people who play nice, sign the forms, get a service, accept the fact that they are responsible for their own safety, pay for the service and fill, go dive, enjoy life, and then become repeat customers, absolutely. To each his own.