For a negligence claim, which of the following must be established first?

In a negligence claim, establishing duty is the fundamental first step because it sets the foundation for whether the defendant can be held legally responsible for the plaintiff's injuries. The concept of duty requires determining whether the defendant owed a legal obligation to the plaintiff to act (or refrain from acting) in a certain way that conforms to a standard of care.

Only after this duty is established can the other elements of a negligence claim, such as breach, causation, and damages, be appropriately analyzed. If there is no duty, the subsequent elements become irrelevant since one cannot hold a party liable for harm if there is no legal responsibility owed to another party. Therefore, establishing the existence of a duty is essential to moving forward in proving negligence.

Understanding this hierarchy helps in grasping how negligence claims are structured, emphasizing the necessity of clearly defining the relationship between the parties before examining the actions taken and the resulting consequences.