Jerme is landscaping hisown yard. He attempts to cut down a tree limb, but is unsuccessful and the limb hangs from the tree. He leaves it and goes to work. His neighbor Layla comes home from work and as she is walking up her driveway a gust of wind knocks the tree limb falls on her head and injues her.
1) What kind of tort is this?
2) What elements will she have to show to prove this tort?
3) What kind of damages are avaialble to Layla?
4) Will she bring a case in criminal or a civil court?