design of a new pull- toy locomotive for 1- to 3- year- olds. John’s design and marketing
staff are very enthusiastic about the market for the product and the potential of follow- on
circus train cars. The sales manager is looking forward to a very good reception at the
annual toy show in Dallas next month. John, too, is delighted, as he is faced with a layoff
if orders do not improve. John’s production people have worked out the manufacturing
issues and produced a successful pilot run. However, the quality testing staff suggests that
under certain conditions, a hook to attach cars to the locomotive and the crank for the bell
can be broken off. This is an issue because children can choke on small parts such as
these. In the quality test, 1- to 3- year- olds were unable to break off these parts; there
were no failures. But when the test simulated the force of an adult tossing the locomotive
into a toy box or a 5- year- old throwing it on the floor, there were failures. The estimate
is that one of the two parts can be broken off 4 times out of 100,000 throws. Neither the
design nor the material people know how to make the toy safer and still perform as
designed. The failure rate is low and certainly normal for this type of toy, but not at the
Six Sigma level that John’s firm strives for. And, of course, someone someday may sue. A
child choking on the broken part is a serious matter. Also, John was recently reminded in
a discussion with legal counsel that U. S. case law suggests that new products may not be
produced if there is “ actual or foreseeable knowledge of a problem” with the product.
The design of successful, ethically produced new products, as suggested in this chapter, is
a complex task. What should John do?
SOLUTION
We begin with an observation regarding toys and torts. (Some of the following comes
from an unknown source and some from the U.S. Consumer Products Safety
Commission.)
Parker Brothers had big plans for a toy called Riviton. Riviton consisted of plastic parts,
rubber rivets, and a riveting tool with which children could put together anything from a
windmill to an airplane. In the first year on the market, Riviton seemed on its way to
becoming one of those classic toys that parents would buy everlastingly. However, one of
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