$6\mathrm{.}4$ Supervening Event Cincinnati Incorporated $($Cincinnati$)$ manufactures a hydraulic press brake, a machine tool commonly used to shape sheet metal. The tool consists of a hydraulic ram that presses the metal and a die onto which the metal is pressed. The operator feeds sheet metal between the die and the ram, and the ram descends to bend the sheet metal. The press is operated by a foot pedal, known as a foot switch. As originally sold by Cincinnati, the press was equipped with a foot switch that had a front flap, or gate, to prevent accidental depression. The operator had to lift the gate with his foot to access the enclosed pedal. The press also came equipped with two foot switches, each of which had to be depressed simultaneously by two different operators in order to trigger the ram. When the press was first sold by Cincinnati $20$ years ago to a company named Steelgard, the safety equipment was in place. The press had been sold several times to other companies before Ventaire, Inc. acquired it$.$ Sometime between the press's original sale and its sale to Ventaire, the original foot switches were removed and replaced with ones that did not have a gate. Also, one of the foot switches had been disabled so that the press could be