Before a claim of negligence can be brought, what is the first element that must be established?

In a negligence claim, the first element that must be established is the existence of a duty. This refers to the legal obligation that an individual or entity has to adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. Establishing duty sets the foundation for the entire negligence claim, as it defines the relationship between the parties involved and the expectations of behavior required.

Without demonstrating that a duty existed, the subsequent elements of breach, causation, and injury cannot be appropriately analyzed or discussed. Recognizing duty is crucial because it establishes the framework within which the other elements will be evaluated. Once the existence of a duty is confirmed, one can then proceed to assess whether that duty was breached and if that breach resulted in injury. Thus, establishing duty is the necessary first step in pursuing a negligence claim.