Defective Rental Equipment/Bad Air
It goes without saying that a diver who rents equipment has an expectation that the equipment has been properly maintained and inspected according to manufacturer recommendations and specifications. The law recognizes this expectation by holding the shop which rents the equipment to a very high standard of care. The law requires that the shop not only test and maintain the equipment but also assure that the equipment is appropriate for the anticipated dive. The dive shop should require periodic testing and maintenance of its equipment and document its actions with a maintenance log.
The obligation to provide properly maintained equipment extends to air fills. Bad air kills divers. When a dive shop provides air to sport divers, the diver assumes that the air is pure and free from all contaminants, especially carbon monoxide. In some states the law provides for periodic testing and certification of air compressors to ensure they are maintained according to code and manufacturer specifications.