Ford Tailgate Lawsuit Alleges Defective Design

A Ford tailgate class action lawsuit alleges that Ford has produced a variety of vehicles with defective tailgates. The lawsuit alleges that the defect causes damage to accumulate slowly, sometimes not manifesting until after the warranty period.

Ford tailgate concerns cross several different makes of Ford, including Lincoln and Mercury. The alleged Ford tailgate defect is found in 2002 to 2005 Ford Explorers, Mercury Mountaineers, and 2003 to 2005 Lincoln Aviators. On these vehicles, it is alleged that Ford redesigned its tailgate in such a way that it promoted the slow formation of cracks over the course of years. In some cases, the Ford tailgate lawsuit alleges, the damage could even spread to the back window, cracking it or causing it to fall out.

To back these allegations, the Ford tailgate class action lawsuit cites National Highway Transportation Safety Administration (NHTSA) records that show the agency has received hundreds of reports of cracked tailgates in the vehicles in question. The Ford tailgate defect lawsuit says NHTSA has received 337 complaints of Ford tailgate cracks in Ford Explorers, 65 for the Mercury Mountaineer, and 12 for Lincoln Aviator.

The Ford tailgate class action lawsuit quotes several of the complaints in greater detail, which include stress cracks more than half a foot long that allegedly occurred without any external force or collision.

The class action lawsuit alleges that Ford was aware, or reasonably should have been aware, of the serious alleged defects in Ford tailgates. The Ford tailgate class action lawsuit holds that Ford had a duty to recall or repair the defective Ford tailgates, and failed.

The Ford tailgate class action lawsuit also alleges that the defect is a breach of implied warranty. Under U.S. law, implied warranty is a legal concept that holds that the seller of goods cannot legally sell something they know to be defective under most circumstances. The concept has been held up by courts under some circumstances. Under the law, implied warranties are the basis for many consumer protection and false advertising laws.

The Ford Cracked Tailgate Class Action Lawsuit is Vincent Perrone, et al., v. Ford Motor Company, et al., Case No. 3832, in the U.S. District Court for the Northern District of California, San Francisco Division.

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