Christina Spicer  |  October 30, 2018

Category: Consumer News

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Consumers managed to salvage claims for breach of warranty and consumer protection in a class action lawsuit alleging certain Ford and Lincoln door latches are defective.

Lead plaintiffs alleged in their class action lawsuit that there is a defective door latch assembly in 2011 to 2016 Ford Edge vehicles, 2012 to 2014 Ford Flex vehicles, 2013 to 2014 Ford Explorers, 2011 to 2013 Lincoln MKX vehicles and 2013 Lincoln MKTs.

The plaintiffs alleged that the defect causes the “door ajar” warning to flash, even when the doors are closed and secure.

The defect creates a safety hazard, according to the Ford class action lawsuit, because it does not allow for the doors to be manually relocked.

In March, Ford was able to successfully argue that they had not breached certain terms related to their warranty.

In addition, the car maker argued that consumers who did not purchase their vehicle at a dealership could not establish that they had relied on representations made by Ford.

However, the plaintiffs were able to preserve Ford class action claims based on state warranty law, as well as allegations that Ford knew of the defect.

Ford argued that claims based on a North Carolina law were time barred because the class action lawsuit described them in relation to California law.

“The original complaint identified a single named plaintiff, who purchased his vehicle in California, but it did not limit its implied warranty claims to only that transaction,” U.S. District Court Judge Edward M. Chen noted in the order supporting the plaintiffs’ claims.

“It also alleged generally that ‘plaintiff and the other class members purchased the subject vehicles’ that ‘when sold and at all times thereafter, were not in merchantable condition and were not fit for the ordinary purpose for which cars are used.’”

The car maker also unsuccessfully argued that Ford door class action claims that it failed to disclose the defect should be dismissed because Ford did not know with certainty that the alleged defect would cause problems.

Judge Chen found that it was sufficient for the plaintiffs to allege that the defect, and Ford’s failure to disclose it, poses safety concerns.

According to the Ford class action lawsuit, the door latch defect is caused by the contamination of sensors that are used to determine whether the doors are open or not.

According to the plaintiffs, the mechanism used in the door latch assembly to keep the sensors clean is faulty, leading to contamination.

The plaintiffs say that when the sensor becomes contaminated, it falsely reads as if the doors are open. The result includes audible warnings, a visual warning on the dash board, and an intermittent “shift to park” message.

Further, because the vehicle “thinks” it is stopped, all of the interior lights illuminate and the doors are unlocked.

The plaintiffs are represented by Ben Barnow and Erich P. Schork of Barnow and Associates PC, Richard L. Coffman of Coffman Law Firm, Courtney L. Davenport of The Davenport Law Firm LLC, Timothy G. Blood, Leslie Hurst and Camille S. Bass of Blood Hurst & O’Reardon LLP, Matthew D. Schelkopf, Joseph G. Sauder and Joseph B. Kenney of Sauder Schelkopf LLC and E. Powell Miller, Sharon S. Almonrode and Dennis A. Lienhardt of The Miller Law Firm PC.

The Ford Door Latch Defect Class Action Lawsuit is Baranco v. Ford Motor Company, et al., Case No. 3:17-cv-03580, in the U.S. District Court for the Northern District of California.

UPDATE: The Ford Door Latch Defect Class Action Lawsuit was dismissed on September 26, 2019. Top Class Actions will continue to keep our viewers posted.

UPDATE: The Vehicle Safety Defect Investigation is now open! If you own a vehicle that has a safety defect and you believe it should be covered by the warranty and it’s not, submit your information here.

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25 thoughts onFord Can’t Escape Door Ajar Defect Class Action Lawsuit

  1. Jerry guiler says:

    Same problem also lights staying on running the battery down leaving me stranded.

  2. Thomas Latimer says:

    Same problem, 2013 Flex, front passenger door. Indicates passenger door open, doors will not stay locked, interior dome lights stay on for a while. Also has started tripping the car alarm at random times.
    Constitutes a safety hazard for those of us who transport grandchildren in second seat….doors cannot be locked while driving.

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