Ford Tailgate System Is Dangerous and Defective, New 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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