Communication Tools
Plaintiff-Generated PR
ATV-Makers Must Counter-Punch Plaintiff-Generated PR
Flashing such headlines as “ATVs: Deceptively Dangerous” and “Why ATVs Keep Killing,” a recent series of articles by The Oregonian newspaper grabbed the attention of readers, state regulators, and all-terrain vehicle riders alike. They also provided plaintiffs attorneys – many of whom helped plant the news reports in the first place – with ammunition to add to their already well-stocked litigation arsenal.
There is renewed public interest and concern over ATVs amid damning media scrutiny in news outlets from the Washington Post to local TV stations in Hawaii. Generally speaking, during their infamous past ordeals, ATV manufacturers never really fired back. As a result, the three letters that identify the product are today a veritable acronym for liability. A new generation of cases on the docket threatens yet another round of public calumny, not to mention costly settlements and in-court setbacks.
In fact, ATVs have been associated so long with death and injury that manufactures start each fresh public sortie already cast as the villain. One wonders if they and their counselors fully realize how much there is still to gain from fresh victories in the Court of Public Opinion. Indeed, such victories are no less crucial today than in past decades.
Customers are still watching and, in fact, still ready to buy if they like what they see. The Consumer Product Safety Commission (CSPC) is watching as well, with an eye to how responsibly, how honestly, and how effectively the makers of this historically troubled product communicate in today’s marketplace. Even after decades of miscommunication and non-communication, there are still ways to start reaching such skeptical audiences…
- Acknowledge the issue. Despite earnest efforts by the ATV industry to make its product safer, thousands of people have died from injuries associated with vehicle accidents, according to the CPSC. Many more have suffered non-fatal but serious injuries. To deny the casualty statistics is to invite accusations of disingenuousness.
- Create a corrective mechanism. Trade associations are strong venues for constant dissemination of information and steps being taken to remedy past and present product problems. On the one hand, a blue-ribbon commission under the aegis of the association should be sufficiently heterogeneous to suggest disinterestedness and credibility. On the other hand, participation on the commission by the manufacturer underscores the company’s good will and resolve. Work collaboratively and conspicuously with the CPSC as well, at every possible juncture.
- Underscore responsible actions. Marshall specific examples of how your company, and the industry as a whole, has taken decisive steps to help guard against accidents. Effective labeling is one obvious example, as are any efforts that have been made to promote training programs for safe ATV usage. Act voluntarily and exceed requirements.
- Assign oversight and accountability to managers who look and act like human beings. On the one hand, your audiences should know that your people may well lose their jobs if they fail in their responsibilities. On the other hand, your line managers and spokespersons should inspire trust and sympathy simply because they are not faceless automatons, but living, breathing human beings striving mightily to do their jobs as well as they can.
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