CACI No. 2804

Guards—Essential Factual Elements (Lab. Code, § 4558)

A “power press” is a machine that forms materials with a die in the

manufacture of other products. A “die” is a tool that imparts shape to

material by pressing against or through the material. A “guard” is any

device that keeps a worker’s hands or other parts of the body outside

the point of operation.

[Name of plaintiff] claims that [he/she/ nonbinary pronoun] was harmed

because [name of defendant] [removed/failed to install] guards on a power

press. To establish this claim, [name of plaintiff] must prove all of the

following:

1. That [name of defendant] was [name of plaintiff]’s

[employer/supervisor];

2. That [name of plaintiff] was injured while operating a power

press;

3. That [name of defendant] gave an affirmative instruction to

[remove/not install] the guards before [name of plaintiff]’s injury;

4. That when [name of defendant] did so, [he/she/ nonbinary pronoun /

it] knew that the lack of guards would create a probability of

serious injury or death;

5. That the power press’s [designer/fabricator/assembler] [designed

the press with guards/installed guards on the press/required

guards be attached/specified that guards be attached] and directly

or indirectly conveyed this information to [name of defendant];

and

6. That [name of defendant]’s [removal/failure to install] the guards

was a substantial factor in causing [name of plaintiff]’s harm.

New September 2003; Revised December 2011