Should refund be given for reg service problem?

[awap]

Summary: Diver has reg serviced then goes on vacation to Grand Cayman. At 100', the 2nd stage falls off the LP hose. Diver & buddy do a good job and handle the situation well. Diver returns to shop but is refused a refund!!!!

Details: http://www.scubaboard.com/showthread.php?t=177602

What do you think? Does the diver deserve a refund?

[captndale]

Many divers, myself included, do not tighten the regulator nut that connects their second stage to the hose. Even if you do, the connection can be loosened by the normal twisting of the hose as it is packed in its regulator bag and bounced around in transit. There is just no way to know if the service technician was negligent or the nut was loosened after service by accident. The key to avoiding this type of incident is checking your gear prior to your dive. It should be part of your pre-dive equipment check.

[ItsBruce]

I'd give a refund just to avoid the embarassment of a thread like this. Legally, however, I'm not sure the show owes a refund.

[Packhorse]

All divers should service their own gear. That way they dont have to trust someone else. And they know what sort of job they did.

[scubadobadoo]

I read about this stuff happening far too often but crap happens so check that gear. Refund? No. Apology? Probably.

[fisherdvm]

I think a liability issue is involved here. If injury occurred, it is best to avoid admitting liability... You then can blame custom, airline baggage handling, etc...

[Dive-aholic]

The shop could refund the money without admitting liability. I've had companies charge me for things I shouldn't be charged for. The most common is cell phone providers charging for erroneous charges. The last one was a charge for kb usage. I called to dispute it and they kept insisting their computers were right. When I got them to tell me the time of the usage, it happened to be a weekend I was training at the lake. Whenever I train at the lake I put the phone on flight mode so it doesn't suck the battery power down. They wouldn't admit their system screwed up, but they did refund the money.

A simple statement like, "We stand behind our service department and believe the reg left the shop service properly. However, to show good faith we will refund your money and hope that you continue to be a customer," would have been the way to go.

[fisherdvm]

The shop could refund the money without admitting liability.

I think it is hard to do. When lawyers sued doctors, they use the doctor's apology against them. Same with suing hospitals.

That is the reason why, I believe, the state of California passed a law saying that doctors can apologize to a patient or their family for a bad outcome, and the plaintiff can not use it against the hospital or doctor in the case of a lawsuit.

It is sad, when you can't say you are sorry, in a sad event.

[Michael Schlink]

I don't think a refund is in order, maybe they should offer you a discount on your next service along with checking the reg out again. Mistakes happen.

[Dive-aholic]

But this was a life threatening mistake...