Anna Bradley-Smith  |  April 8, 2021

Category: Auto News

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Ford Super Duty pickup trucks have a tailgate defect, a class action lawsuit claims.

Some of Ford’s “toughest” and “most capable” trucks are in fact dangerous and unfit for the road due to an electronic tailgate defect, a new lawsuit claims.

A nationwide class action lawsuit was filed in Michigan on April 7 by lead plaintiffs William Cunningham and Tristate Collision, LLC, alleging Ford knowingly advertised and sold vehicles suffering from a “dangerously defective and unreliable tailgate latch system.” 

The class action says that the faulty systems cause affected trucks to randomly release whatever load they are towing — even while in motion.

The affected trucks, which include model year 2017-2021 Ford F-250, F-350, and F-450 Super Duty vehicles with an electronic tailgate system, are therefore unable to perform their advertised functions of “reliably and safely transporting humans and animals and hauling and towing heavy cargo and equipment,” claims the class action.

It also asserts that Ford knowingly concealed the tailgate defect and has continued to market the trucks as the most reliable trucks for towing and hauling heavy-duty gear. 

If you own a vehicle that’s been affected by a safety defect and was not part of a recall you may qualify to join this defective vehicle safety recall class action lawsuit investigation

Cunningham, who lives in Georgia, bought a new 2019 Ford F-250 in 2019, and although the vehicle had already faced a safety recall, he was never made aware of its potential defect, the class action alleges.

Cunningham’s tailgate began opening unintentionally not long after he purchased the truck, and has continued to do so since.

Tristate Collision, LLC alleges a similar situation happened when they bought a new 2018 Ford F-250 in Alabama in 2018. Two months after buying the truck, the tailgate started opening unintentionally and has done so at least once every other week since, the class action says, adding that it poses a “clear, substantial, and unreasonable danger of death,” to anyone in the vehicle.

The National Highway Traffic Safety Administration has received numerous complaints about the issue, including one from a driver who lost a toolbox when the tailgate unexpectedly released: “Still no resolution and I’m out thousands of dollars.”

According to the plaintiffs, Ford has been aware of the issue since 2017, and has issued technical services bulletins and recalled 231,664 vehicles over tailgate malfunctions.

However, the pair — and numerous other drivers — say the recall was inadequate, as it did not include all affected vehicles. Vehicles still suffered the issue after repairs were made.

“Due to the Tailgate defect, all Class Vehicles are unmerchantable, unfit for the purpose of providing safe transportation and hauling, and are substantially less drivable, less safe, and less useful,” the class action lawsuit alleges.

Cunningham and Tristate Collision, LLC want to represent anyone in the US who owns or leases a Class Vehicle. They are also filing an Alabama and Georgia subclass.

The class actionis suing on grounds of violating The Magnusson-Moss Warranty Act, fraudulent omission, breach of warranty, and unjust enrichment, and are seeking certification of the Class, damages, interest, legal fees, and a jury trial.

This isn’t the first issue Ford vehicles have faced this year. In February, Ford had to recall 150,000 vehicles over the Takata airbag defect, after already recalling hundreds of thousands more. The recalls have cost the company hundreds of millions of dollars.

Do you drive a Ford vehicle with an electronic tailgate system? Let us know in the comments section!

Sharon S. Almonrode and Dennis A. Lienhardt of The Miller Law Firm PC, W. Daniel “Dee” Miles, III, H. Clay Barnett, III Demet Basar, J. Mitch Williams and Lydia Reynolds of Beasley, Allen, Crow, Methvin, Portis & Miles, P.C. and Adam J. Levitt, John E. Tangren and Daniel R. Ferri of Dicello Levitt Gutzler LLC

The Ford Tailgate Class Action Lawsuit is Cunningham v. Ford Motor Company, et al., Case No. 2:21-cv-10781-MFL-KGA, in the U.S. District Court Eastern District of Michigan.

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21 thoughts onFord Tailgate System Is Dangerous and Defective, New Lawsuit Claims

  1. Jim McElroy says:

    I would like to join the lawsuit
    I own a 2019 F350. I had the recall performed on my truck however it did not solve the problem. I have had the tailgate open while carrying the key in my pocket several times while driving. I now place the key in the console with the buttons facing up and nothing else around them. It still happens. It opened on me while towing my travel trailer damaging my tailgate and the system that supports my propane tanks on the trailer. This truck has a number of safety features built in that prevent operation while in motion. For example it is not possible to key in a destination into the nav system while in motion (even with a person in the passenger seat), it is also not possible to view the bed camera or tailgate camera while in motion but it is possible to drop the tailgate while on the road. Where is the logic ??

  2. Eddie Aniol says:

    Ford never notified me of a potential problem. I would like to join your lawsuit.

  3. Eddie Aniol says:

    I have crushed two tailgates before I found out there was a recall. I was told by Ford later on nothing could be done. Ford had never notified me of a potential problem with the tailgate so I would like to join your lawsuit. I have a 2019 F250.

  4. Greg says:

    I have a 2022 Ford F250 Diesel Platinum. My tail gait opened on the highway and 3 mountain bikes fell out. Another driver stopped witnessed the issue and stopped to pick up the bikes and met us at an off ramp.
    This resulted in damage to all 3 bikes. The bikes are very expensive and repairs are in the $1000 per bike range. It is amazing the bikes did not get completely destroyed and there were not cars involved. I brought the truck in to have the tail gait fixed. The dealer was excellent and did the repair. The dealer advised me to contact ford with a claim for the bike damage. I called ford customer service as directed and ford rep said they would not cover any of the damage that resulted from the faulty tail gait. I have purchased 7 new ford trucks and 2 used ford trucks. I understand issues arise but ford should take care of its customers. I will pursue legal action for damages and legal costs.

  5. Robert Rose says:

    I have a 2017 F-350 I went to my local dealer and brought up the issue and they said my truck didn’t have the issue. I said well it does because it has happened to me, I then mentioned how will Ford know other vehicles are having the issue if they don’t make nots of my complaint. Since then my Tailgate has opened twice on its own. Both times I was pulling a trailer. Once with my 5th wheel trailer and once with a tow behind car hauler. My tail gate is now ruined and I have damage to the front of my 5th wheel trailer. So let’s recap I went to Ford and told them about the issue they said my truck doesn’t have the issue. Now it’s happened twice and caused damage. I’ve called my local dealer twice just to be forwarded to someone’s voicemail box who doesn’t call me back. At 1st I just wanted my truck fixed and to be treated fair, as I am a loyal Ford owner who owns many Fords. But if they want to play games I will also seek the real air costs on my trailer as well.

  6. M Elliott says:

    Please add me. I have a 2022 F250 model that has the same issue. It resulted in damage to my Tailgate and the RV I was towing. Ford denied the issue at the time and agreed to pay for the tailgate damage but not the RV damage. They required me to get the vehicle inspected at dealers who found no faults with the vehicle. They have since issued a customer satisfaction program 21M05 in June 2022 admitting that their are unintended tailgate openings and offering an enhanced repalir to the tailgate, but they still refuse to pay for the damage to the RV.

  7. Robert Williams says:

    Ford fixed the problem with the tailgate opening on its own; however didn’t repair the damage to the tailgate result of it opening.

  8. Steve Oren says:

    Please add me. 2020 F-350 has now happened multiple times, and twice when pulling a trailer and damaging the tailgate. The first time to repair this was over $700. This should NOT be happening to a brand new $80K truck.

  9. Anthony Monastero Jr. says:

    I have a 2021 F250 Tremor . My tailgate has fallen 6 times to date.

  10. Corrie Shigeta says:

    Please add me. Our tailgate has been malfunctioning

    1. Eddie Aniol says:

      I would like to join the lawsuit

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