Ford Explorer Carbon Monoxide Leak Sparks Class Action Lawsuit

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On Wednesday, lead plaintiffs filed a motion to certify a class of Ford Explorer owners in a class action lawsuit accusing Ford Motors Co. of concealing a defect that exposed car owners to dangerously high levels of carbon monoxide in exhaust fumes.

Lead plaintiff, Florida resident Angela Sanchez-Knutson, filed the Ford Explorer class action lawsuit on June 9. In the complaint, Sanchez-Knutson alleged that when the air conditioning is turned on the exhaust in the 2011-2013 Ford Explorers leaks into the passenger side. Sanchez-Knutson further alleges that the leak in her Ford Explorer and exposure to exhaust fumes caused her and her daughter to experience chronic headaches. She also alleges that although she detected a sulfuric smell and took the sport utility vehicle to the dealership for repair, she was never told that the sulfur smell signified exposure to the gas.

The Ford Explorer class action lawsuit further alleges,”Ford knew or should have known that the 2011 through 2013 model year Ford Explorers were dangerous and defective such that drivers and passengers of those vehicles may be exposed to carbon monoxide and other dangerous gases while the vehicles are in operation.”

The Ford Explorer class action lawsuit claims that Ford violated the vehicles’ express and limited warranties and all of the affected vehicles, 2011-2013 model year Explorers, are still under warranty with the company.

On June 25, Sanchez-Knutson filed a motion asking the federal judge to certify a Class including “[a]ll persons who purchased or leased in Florida at least one of the following vehicles: Ford Explorer, 2012 Ford Explorer or 2013 Ford Explorer.”

In support of their motion to certify, the motion concedes, “[t]he time of this motion (this early) is unusual but so are the facts. It is nearly conceded that Ford’s 2011-13 generation of Explorers have a problem with exhaust leaking into the passenger cabin,” argues the motion, pointing to a Technical Bulletin that the motion alleges was distributed to dealers and advise them, but not the consumers, of the problem.

The motion goes on to allege that although the bulletin provided instructions for fixing the smell in the vehicle, it did not indicate that carbon monoxide was seeping into the vehicle. The motion also alleges that the Sanchez-Knutson’s husband, a firefighter and mechanic, tested the Explorer’s carbon monoxide levels and discovered levels well above those considered hazardous to human health.

The National Highway Traffic Safety Administration announced last Friday that it is looking into exhaust allegations against Ford regarding the Explorer, but that agency has not yet initiated a formal investigation. In a statement the agency said “The agency is reviewing all available data and will take appropriate action as warranted.”

The plaintiff is represented by Michael A. Hersch, Jordan M. Lewis and John J. Uustal of Kelley Uustal PLC.

The Ford Explorer Exhaust Fumes Class Action Lawsuit is Sanchez-Knutson v. Ford Motor Company, Case No. 0:14-cv-61344, in the U.S. District Court for the Southern District of Florida.

UPDATE: On July 8, 2014, a federal judge denied the plaintiff’s motion to certify the proposed Class, ruling it was too early to grant certification to the Ford Explorer exhaust fumes class action lawsuit. The case continues.

UPDATE 2: A federal judge denied Ford’s motion to dismiss the Explorer exhaust defect class action lawsuit on Oct. 7, 2014.

UPDATE 3: On Aug. 5, 2016, three days before their scheduled trial, the parties in a Ford exhaust defect class action lawsuit notified the court that they reached a settlement.