I have read lot of threads in this section about disclaimer... but i am not sure how much disclaimer can help in legal battle because people putting all Clauses for there safety in disclaimers... Please share your experience where disclaimer helped in legal battle.
First of let me clear I do not know much about legal. Just to want to mention here that I had gone through the heading of one of the article in Times of India regarding the disclaimer particularly for bloggers, like they would still be liable for the articles and content and some one had faced the problem for that. (please note I have not read that article)
Maybe in India, but in the United States a properly worded disclaimer could absolutely protect you. It is not magic, and there are only certain things that you can disclaim. See a lawyer for advice.
A disclaimer should help reduce abuse but doesn't necessarily protect you from liability if abuse does occurs. IANAL.
It depends on what you're disclaiming: are you disclaiming a warranty for a good or service? Or are you trying to disclaim or limit liability for injury or harm resulting from that good or service. There are two broad categories of warranties: (1) express warranties, which are voluntary warranties explicitly offered by the seller, and (2) implied warranties that from state law. All states in the U.S. impose some if not several implied warranties on the sale of goods and services. While most states permit the disclaimer of these implied warranties, several states have particular requirement for such disclaimers, and some states don't permit disclaimers at all. Additionally, while most states permit a seller to limit liability arising from the sale of goods or services, the seller can never limit liability from personal injury or intentional misconduct. Additionally, several states have heightened restrictions for limiting liability for breaches of warranties, and some don't permit any limitation.
What exactly are you trying to disclaim? Without knowing that, you will not get any good advice. Please be more specific. If you are trying to disclaim something that a law states you are liable for, its a no go. If you are, say, operating a blog that offers advice for some sort of thing, like making money, or getting fit, etc., then you are ok there. Please, provide more details to get better advice.
Some waivers and disclaimers are not legally binding. For example, there are some things you cannot have someone waive their rights to. Negligence is something which can override any papers suggesting that the "customer/visitor/victim" gives up all rights to act. Disclaimers are more feel good and try to assert your rules, but they are far from a signed and witnessed contract.
If i post a disclaimer outside my house that no law will work inside my home. Will i get rights to kill someone inside ? Accept this that disclaimer dont work for everything. I have gone through this.