The Case For Proactive Vulnerability Assessment

Headline:shoes. As the legend was told, the dealer immediately
Honda Recalls 646,000 Vehicles Worldwide Overreplaced the shoes and within a week Toyota had
Faulty Switchflown an engineer from Japan to New York to study
News Source: by EIN, 2010/02/02the problem. Within a month, a fix was designed and all
Legal news for product liability attorneys. Honda recallsLexus were voluntarily retrofitted with an improved
the Fit after discovering a switch poses a fire hazard.gas pedal.
Product liability attorneys alert- Honda recalled the FitWhile the exact details of the case study may have
over the power window switch, which poses a firebeen embellished in the retelling, this example of
hazard to consumers.customer service and proactive defect avoidance has
Headline:been used as a benchmark for teaching continual
Toyota's other pedal problem: Lawsuitsprocess improvement and customer satisfaction. Fast
NEW YORK, Feb 1 (Reuters) - Toyota Motor Corp isforward to the above story of millions of Toyota
facing a growing number lawsuits from consumersvehicles being recalled (and production halted) to fix a
who complain their vehicles suddenly accelerate orgas pedal problem. Is this the definition of irony? What
may do so, and want the world's largest automaker tohas happened to Toyota over the last twenty years?
pay for it. Last week, Toyota stopped selling eightSince I have not been commissioned to perform an
models in the United States and Canada, including itsexhaustive quality audit of Toyota, I can only present a
popular Camry and Corolla, because of possiblescientific hypothesis based on 40+ years as a quality
unintended acceleration. Some 8 million vehicles are upcontrol engineer, 20 years as a management
for repair worldwide over problems including allegedconsultant and ten years as an expert witness in
faulty accelerator pedals made by the supplier CTSproducts liability and organizational negligence litigation. It
Corp, and the possibility that floor mats could jam theis a phenomena we have termed Enterprise
accelerator pedal.Entropy©.
Headline:(En•tro•py - noun: The inevitable and steady
CPSC Recalls 15,000 Horse Figurines Over Lead Paintdeterioration of a system)
January 30, 2010 - Injury News)Enterprise Entropy typically manifests itself as follows:
New Source: Minneapolis, MN—The U.S. ConsumerA company is launched to fill some perceived gap in a
Product Safety Commission (CPSC) and Blip Toysmarket. The principals are determined to make the
have voluntarily recalled Nature Wonders HD pintoproduct or service “better and of higher value”
horse toy figures, after it was revealed that the toys(or some such superlatives) than those currently in the
violate the federal lead paint standard. The recall wasmarket. They execute per their vision and values and
announced by the CPSC on Tuesday, January 26,rise to prominence in their industry. Their name
2010.becomes synonymous with quality and value. Then the
Headline:business “changes hands,” either by sale of the
Tree Stands and Brackets Recalled Due to Fallcompany or generational transition from the older to
Hazardthe younger, the “Boomers to the Gen X to the
New Source: CPSC announces recall of tree standsGen Y.” The new leadership rides the crest of their
and brackets due to fall risk. Product liability lawyerpublic reputation while on a mission to drive down
alerts- Tree stands recalled due to fall risk, CPSCcosts, increase profits and penetrate new markets.
reports. Decatur, ALSummit Treestands LLC hasMany companies that rose to stardom during the
participated in the voluntary recall of Talon Huntingsecond half of the twentieth century have become
Hang-on Tree Stands and Brackets due to the fallmostly entropic skeletons of their former majesty.
hazard they pose to consumers. The U.S. ConsumerProduction of their products and services are now
Product Safety Commission (CPSC) announced theoutsourced, off-shored, throw-away hermaphrodites
recall on Thursday, January 28, 2010. The CPSCof what was designed and produced by the founders.
reported, The tree stand can unexpectedly detachThe vision and values of the founders have been
from the tree when the brackets fail, posing a fallmethodically diluted as time and business pressures
hazard to consumers. Approximately 6,800 treeand loss of focus caused systematic decay.
stands, brackets and straps are involved in the recall.Oftentimes, customer service issues begin to surface
What is more disturbing than the content of these foursignaling an increase in the probability of impending
news stories is that they were from the FIRST TWOproduct failures. This priceless message from
DAYS of February, 2010. The numbers are staggering.consumers is, tragically, too-often dismissed as
The cost is mind-boggling. The impact is global. Thecustomer stupidity or buyer’s remorse.
long-term consequences cannot be measuredWe are utilizing the lessons learned from our
because the manufacturers will only have theexpert-witness assignments as the basis for making
opportunity to fix a small number of the products. Lackexecutives aware of the potential liability issues within
of notification and consumer apathy will ensure thattheir organizations.  Just as we have used our
many of these faulty products will be in the hands ofassessment and diagnosis tools to help improve
consumers for decades. The release of theseprocesses, we are applying ourselves to uncover the
products to the public by the manufacturers is not onlywarning signs of pending catastrophes that may have
keeping the Consumer Products Safety Commissionbecome embedded in product and service enterprises.
busy, it continues to overload the civil court docketsAs best-selling author Malcolm Gladwell points out in his
with products liability lawsuits. This epidemic borders onbooks Tipping Point and Outliers, we are often
criminal behavior because the vast majority of theseunaware of when symptoms turn into epidemics until it
defects were avoidable!is too late. Gladwell’s research goes on to make
When Lexus was introduced by Toyota as theirthe case that well-meaning leaders are prone to
high-end line of ultra-reliable vehicles, we in the qualitymisdiagnosing the problems and then trying to fix the
assurance field studied their processes and training towrong root causes. He also points out that those
learn proactive techniques for process excellence. Theattempting to communicate the message of impending
Toyota quality model had been a benchmark ofdisaster are often ignored.
success in minimizing defects, so we were eager toThe disease of Enterprise Entropy has also
learn of the ongoing advances. During that period, therepermeated the quality assurance disciplines set the
was a popular case study that made all of the qualitystage for inherently unsafe products to reach a critical
assurance journals as an example of proactive qualitymass and explode into an epidemic of a country
management.producing the equivalent of “Japanese Junk” as
A customer complained that the gas pedal on herseen in the 1950’s. Currently however, rather than
Lexus caused her shoe to become jammed betweendefective products simply being thrown away, we
the pedal and the floor mat, resulting in the healhave cadres of attorneys ready to sue your company
breaking from a very expensive pair of Ferragamointo non-existence.