After last weekend I'm thinking about it. I did a pro bono job for a lady who was being foreclosed... long boring story. Anyway, it was a 60" red oak with a caved in top from lightning strike and I agreed to get the dead stuff out. It was pretty big wood for 80' up, the central 25" leader was laying across the top of the tree. Lot's of tangled branches and residual stress, it was fairly hairy to get that stuff out of there. I left a second leader which had some of the bark blown off but it was still green. I'd kinda had more than I bargained for at that point so I let the lady know that I was finished and that it should be inspected in Spring to see if it was making foliage and callous but no one ever called.
I happened to drive by the site last week... happened to be right after a thunderstorm and I'll be damned if that second leader wasn't laying on a guy's Bronco... or rather, IN the guy's Bronco.
As it stands, no one has called, the bank owns the house now and somebody else cut up the wood but it's still lying there.
Clearly that could be an E&O case and I would probably lose. Only saving grace is, I'm not worth suing. It was a bad decision to take on a job that time consuming for free but the lady who owned the house was in a bad place being foreclosed and losing her business so I was a sap.
Incidentally, the way she lost the house was, a bank called in her business loan early and she couldn't pay it so they took her house. Sweet deal for the bank, they got to call it a bad loan along with 1000's of other perfectly good loans and thus qualify for TARP bailout money plus they got a nice historic home for peanuts.
Just remember, the law is here to protect YOU... and I have a great deal on some waterfront property if anybody is stupid enough to actually believe that.