Reference no: EM131623548

Compare and contrast your ideas with their ideas demostrating your analytical and cognitive thinking skills. Respond in 125 words minimum for each. Any reference used in APA format.

First Discussion

Negligence indicates a cause of action where a plaintiff may declare a civil wrongful act case against a defendant. In order to meet a prima facie (on its face) case for negligence a plaintiff must ultimately prove the following four elements: that there was a duty on the part of the defendant to follow to a certain standard of conduct, that that defendant breached that duty, the breach of duty was not only the actual cause, but the proximate cause of injury, and there are damages.

In the case of Stanley K. MILLER and Deborah D. Miller, Plaintiffs-Respondents, v. WAL-MART STORES, INC., Defendant-Appellant within Wisconsin, Wal-Mart Stores, Inc. (Wal-Mart) appealed from the circuit court's entry of judgment of a jury verdict awarding Stanley K. Miller (Miller) $50,000 in compensatory and punitive damages. Three Wal-Mart employees stopped and detained Miller because they suspected him of shoplifting. Miller filed this action, claiming that Wal-Mart unlawfully stopped, detained, interrogated, and searched him. The jury determined that Wal-Mart was negligent in the hiring, training or supervising of its employees, which caused Miller damages. The jury further determined that the Wal-Mart employees did not have reasonable cause to believe that Miller had shoplifted. (Find Law For Legal Professionals. (2017).)
Wisconsin follows standard negligence principles; indicating that negligence is defined as the failure to use ordinary care. The legal definition for cause is a "substantial factor." A plaintiff's injury may have more than one cause. As long as a defendant's conduct was a substantial factor in producing the injuries, the defendant is liable for any damages associated with the injuries. (State Law Summary. (2013).)