Liability in selling used scuba gear

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scubasean:
I find it rather humorous that you sell guns, but wonder if you'll get into trouble selling scuba gear.

:banana:
LOL. but thinking about it there's more energy stored in a tank than in any bullet.. :wink:
 
The shop I work for sells off our used rental/training gear from time to time. When we do we fully service the gear and then give the customer a one year limited warranty on the item.

Limited being equimpment failure vs equipment negliect/misuse.

We always require to see a C-card but since selling scuba equipment is our primary retail business we don't keep photo copies of the card. As for selling the used equipment of others..we don't buy used equipment back from customers with the rare exceptions of dry suits and camera equipment so we don't have to deal with the as is aspect of core scuba equipment from someone else.
 
scubasean:
I find it rather humorous that you sell guns, but wonder if you'll get into trouble selling scuba gear.

:banana:

A firearm malfunction very rarely results in an injury or a death and I know enough about them to ensure that they function correctly.
 
Who in their right mind buys dive gear from a pawn shop, then brings a law suit because they were too lazy/cheap to get it checked out? (I dont really want to know who)

Ok so what if you bought something from a pawn shop and had a LDS check it out. Would the shop be liable for equipment failure or what?
 
chrisd18e:
Would the shop be liable for equipment failure or what?

If the manufacturer could get the court to see it that way...
 
chrisd18e:

If there is a lawsuit involving equipment the manufacturer will be named along with the LDS and the pawn shop in the case of this particular thread. The pawn shop would not be expected to have the same knowledge about the equipment as the LDS and therefore might be dropped from the suit at some point. The LDS would inspected(checked out) the gear and determined it to be serviceable in their informed opinion. You can bet your last dollar that the manufacturer will seize this opprotunity to lay the liability squarely on the LDS. The court may or may not accept this perspective from the manufacturer.
 
Oh yeah I got ya. Manufacturers always seem to have such great lawyers. :)

In a completely unrelated topic,
Michael Moore (Fahrenheit 9/11) has 3 lawyers just waiting for the expected lawsuits from the movie.
 
LoneGunman:
A firearm malfunction very rarely results in an injury or a death and I know enough about them to ensure that they function correctly.

If you are worried about malfunction, the C-card is meaningless.

Malfunction generally goes to equipment upkeep. And, I claim that most scuba accidents are brain malfunctions.

If you are worried about misuse, than my question about guns applys...heh

Good luck!
 
I would get some professional legal advice regarding selling used scuba gear through your shop. You are not a private owner at a yard sale selling used gear. There might be a difference.

The other thing...I keep a tight opinion on buying gear, where I buy it from...and how I set up my gear etc. I only by life supporting equipment (BC's, computers and Regulators) new through my local LDS. I do NOT buy these items online because of the grey market, used, no warranty issues...not to mention servicing. I have bought fins and suits online.

Other divers have other opinions about where they get their gear from and how they set it up. I feel it better to be cautious and well informed about my gear. Used rental gear, banged up, faded...is asking for trouble somewhere down the road.
 

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