Liability in selling used scuba gear

[miketsp]

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.

There is a lot of good used gear on the market, not just used rental stuff. It's amazing how many times people invest in a complete rig before doing the course and then give up after half a dozen dives.

I have to maintain 3 rigs, mine, my wife's and my son's. We dive quite a lot so I prefer to keep an eye open for bargains. Due to high import taxes where I am, even if you throw in a complete service with a reputable technician you get a top line reg for about 1/3 of the new price in the LDS.
I prefer to spend the money on diving, not on equipment.

I have found by experience over the years that I prefer a used top line model to a new mid range model.

 

[Texass]

Who in their right mind buys dive gear from a pawn shop ... ? (I dont really want to know who)

OK I won't tell ya who I am! lol

Aside from regs what used gear is everyone afraid of? I bought my first 3mm, rocket fins, mask, BFK and BC at a Pawn shop and got change back from $100. The BC is still in excellant condition - if you overlook the fact that it's a poodle jacket. I used the Rockets in a class last month. My son uses the 3mm & BC when we go diving.

 

[Bob3]

Who in their right mind buys dive gear from a pawn shop ... ?

Set a Poseidon Cyklon in front of me for $35 & I'd buy it from the Good Humor guy!!
I make regular trips to the pawn shops & scarf up their "dive junk", stuff that needs scrapping out. Lots of hardware on some of those old BCs.

 

[pasley]

The original questions is a rather good one. Does he (pawn shop or private party) have any liability if he sells SCUBA equipment to some clown who then goes out and gets bent or killed when he ascends holding his breath?

Since I am not an attorney there is only one thing I can say with certainty about this question, and that is the answer is - Well it depends....

Seems like any legal question always gets answered that way because it does. What are your country laws, state and county laws etc.

Other that I don’t know.

IMHO: In the good old USA where nothing is ever YOUR fault but always someone else’s fault, especially if they have deeper pockets where you can get money from I would not be surprised to see the courts hold you liable for selling the gear to someone who does not know how to use it.

Bottom line for a pawn shop to sell used SCUBA gear, there are going to be risk. Risk of being sued (just because they may not win, will not stop them or their heirs from suing and you having to pay to defend yourself) and of loaning too much for an item. Example, I bet a lot of desperate divers would be willing to pawn a Al80 tank of say 12 years age or older made of a now obsolete alloy. That leaves the pawn shop stuck with a tank that has established risk. There is also some risk in long term storage of tanks if he does not bleed off the air to say 500 PSI (tanks stretch and there is the risk in the case of the alloy of explosion.). IF the pawn shop is going to accept SCUBA gear, then he should get well educated is some aspect, particularly about tanks and how to read the stampings and inspection stickers.

 

[jagfish]

The original questions is a rather good one. Does he (pawn shop or private party) have any liability if he sells SCUBA equipment to some clown who then goes out and gets bent or killed when he ascends holding his breath?

Since I am not an attorney there is only one thing I can say with certainty about this question, and that is the answer is - Well it depends....

Seems like any legal question always gets answered that way because it does. What are your country laws, state and county laws etc.

Other that I don’t know.

IMHO: In the good old USA where nothing is ever YOUR fault but always someone else’s fault, especially if they have deeper pockets where you can get money from I would not be surprised to see the courts hold you liable for selling the gear to someone who does not know how to use it.

Bottom line for a pawn shop to sell used SCUBA gear, there are going to be risk. Risk of being sued (just because they may not win, will not stop them or their heirs from suing and you having to pay to defend yourself) and of loaning too much for an item. Example, I bet a lot of desperate divers would be willing to pawn a Al80 tank of say 12 years age or older made of a now obsolete alloy. That leaves the pawn shop stuck with a tank that has established risk. There is also some risk in long term storage of tanks if he does not bleed off the air to say 500 PSI (tanks stretch and there is the risk in the case of the alloy of explosion.). IF the pawn shop is going to accept SCUBA gear, then he should get well educated is some aspect, particularly about tanks and how to read the stampings and inspection stickers.

Yes, interesting discussion
Pawn shop owners really have to be Jacks of all trades, so to speak, due to the huge variety of stuff they take in. I know that in areas of little knowledge, they do consult outside at times.

When they are totally in the dark as to the value of something (and safety), I think it causes them to offer less money. "Ok, yeah it looks like a nice tank, but I really don't know anything about tanks, or ever know if I can sell them, so I'll give you 10 dollars for it, take it or leave it..."

JAG

 

[greenpirate69]

i have bought BCD's and regs on line, and have has much success.
it only cost me about $50 usd to have them serviced.
that is a bargan considering that my BCD only cost me $120usd.

 

[dweeb]

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?

Someone who truly understands the way our legal system really works (oh, and their lawyer.)

Most people in their right mind like the prospect of getting paid millions for their own wrecklessness.

While there are moral conflicts, morality and sanity are not the same thing.

 

[oceancrest67]

Pawn shop dive gear is asking for trouble in my opinion...is saving a few bucks worth the hassle and worry over not knowing the history of the gear, who used it, where, when, servicing etc? I will stick with my own, take care of my own and pay the extra for peace of mind.

A lawsuit over pawn shop dive gear? Whatever happened to living up to the consequences of one's own actions? Whatever happened to responsibility for one's own? Am I naive in asking these very old questions?

 

[jagfish]

Pawn shop dive gear is asking for trouble in my opinion...is saving a few bucks worth the hassle and worry over not knowing the history of the gear, who used it, where, when, servicing etc? I will stick with my own, take care of my own and pay the extra for peace of mind.

A lawsuit over pawn shop dive gear? Whatever happened to living up to the consequences of one's own actions? Whatever happened to responsibility for one's own? Am I naive in asking these very old questions?

I would look at it the same way as buying something off Ebay. For me to bite, the price has to be low enough to factor in all the stuff that COULD be wrong with it (new seals and fix leaks for drysuits, reg servicing, new bulbs to lights, etc).. If I add all these "potential" costs, and the item is still significantly below what I would pay new with a warrantee, then I will consider the purchase.

In this light, any repair or service I do not have to do after the actual purchase is gravy.

JAG

 

[Mako Mark]

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

:banana:

I was thinking the exact same thing when I saw your post.

I can see the Reuters headline: Gunshop worries about scuba diving deaths.

It was a good question Gunman, but it is funny.