Liability for what? The only real liability in my state is for outright misrepresentation or fraud via failing to disclose. The disclosure form covers anything material I'd care about. Even then - good luck actually proving anything short of exceptional circumstances.
If you look at the standard offer document for waiving inspection it's pretty easy to walk it back. You're simply waiving a contingency - you can typically still inspect the property itself. I'm sure if you get way off the beaten path you are correct, but almost no one is engaging in totally non-standard contracts where I'm at.
I'm curious what liability you think would apply for an inspection that misses whatever it may be that ends up in dispute after the transaction closes - since the whole point in the inspection is finding that beforehand? If I find a material defect in the foundation after I close - it won't matter if I had an inspection or not. Unless I can prove the seller knew about it and failed to disclose.
And if I ever sell any properties - I will be pretty loath to sell to anyone demanding an inspection contingency. They are almost always used for nickel and dime BS that I really don't have time for. If you walk the place, get your inspector to do so too, and come up with a punch list and still want to make an offer, discount it appropriately and fix it yourself after you close. It's nearly always either pointless or used as a negotiation tool after the fact due to the fact buyers can expect a seller to not want to walk away from the middle of a transaction (sunk cost/time). I'd much rather take an offer at 5% less up-front than deal with someone wasting 30-45 days on the market and my time dealing with trivial items.
