chrisch
Contributor
....
The skill check might just be a quick way to spot and head off potential problems, and probably would have no legal impact. My guess , of course....
I don't know about US law but UK law would suggest that the more you know the more you should act accordingly. So, for example, if all you know about a diver is they are certified to OW and haven't dived for 6 months that is all you know and the extend of your duty of care is relative to that. If, on the other hand you then assess that diver you have a higher duty of care if your assessment shows a defect. In short the assessment increases your "liability" to the diver, or at least your "need" to address the problem issue(s).
I can see this might be what's behind the OP's policy.
I think it is a very grey area and would make more money for the lawyers than the diver