By Meredith Friesen  |  October 28, 2014

Category: Consumer News

ford class action lawsuit

A class action lawsuit was filed against Ford Motor Company accusing them of manufacturing vehicles with faulty tailgates.

The tailgates in 2002 to 2005 models of Ford Explorers, Mercury Mountaineers, and 2003-2005 Lincoln Aviators are allegedly defectively made, causing many tailgates to crack without proper cause.

The Ford tailgate crack class action lawsuit claims that Ford knew about this design flaw, continued to sell without properly disclosing the problem, and refused to fix the cracks. 

There are eight plaintiffs in this particular Ford class action lawsuit, ranging from states all across the country. Each plaintiff purchased a Ford vehicle and had a tailgate crack resulting from, according to the Ford class action lawsuit, “a defect” that was shared among all Ford vehicle models in the same location, with “nearly identical resulting damage to the defective part.” 

Ford is said to have known about the tailgate crack since 2002, when these Ford vehicles first started being manufactured. Despite its apparent knowledge, Ford continued to sell vehicles with defective tailgates.

When customers, such as the plaintiffs, brought in their vehicle for tailgate crack repairs, one of two things is said to have happened. 

If the car was still within the three-year warranty during which time the Ford class action lawsuit claims that Ford should have fixed the tailgate crack, then Ford claimed the crack was caused by some exterior means. If the car was outside of the three year warranty, then Ford is said to have simply stated that the vehicle was outside of warranty. 

The plaintiffs claimed in the Ford tailgate class action lawsuit that Ford’s prior knowledge of the tailgate crack made them responsible for the Ford vehicles’ repairs.

Ford Cracks and Complaints 

According to the Ford tailgate crack class action lawsuit, the crack is primarily caused by a flaw in the design or manufacturing of the tailgate.

“Moisture will collect behind the lower window panel of the tailgate. Over time, and in varying weather conditions, the trapped water creates internal stress on the tailgate resulting in a large discernible crack to the panel,” says the Ford class action lawsuit.

This tailgate crack might be a problem in thousands of Ford vehicles across the country. Many Ford class action lawsuits and individual Ford lawsuits have already been filed.

Outside of the legal system, customers are still noticing and complaining about the defect in Ford’s tailgate design and/or manufacturing. The Ford class action lawsuit claims that from three websites alone, over 1,000 complaints from Ford customers about tailgate cracks from these Ford vehicles.

The Ford tailgate crack class action lawsuit reaches out to any U.S. resident who bought a Ford vehicle for personal use. Ford is accused of fraudulently concealing the tailgate defect and for encouraging customers to buy Ford vehicles.

Furthermore, Ford has allegedly refused to claim rightful responsibility for the tailgate cracks by either claiming the crack was a result of outside forces or the crack happened outside of the warranty period. 

Many Ford vehicle users are taking legal steps against Ford for creating the defective tailgate, concealing the defect, and for refusing to accept responsibility of the potentially dangerous tailgate cracks. 

This Ford Tailgate Crack Class Action Lawsuit is Sally J. Nettleton, et al., v. Ford Motor Company, Case No. cv-11-2953, in the U.S. District Court of the Northern District of California. 

Interested in following this case? Please create a login or sign in to your free Top Class Actions account and “favorite” this article so you will be automatically updated if a settlement is reached or if there are any updates to this, or related, cases.

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

Join a Free Ford Cracked Tailgate Class Action Lawsuit Investigation

If you purchased, owned or leased a model year 2002-2005 Ford Explorer, 2002-2005 Mercury Mountaineer, and/or model year 2003- 2005 Lincoln Aviator and experienced any of the following problems, you may have a legal claim:

  • Ford Explorer cracked tailgate
  • Mercury Mountaineer cracked tailgate
  • Lincoln Aviator cracked tailgate
  • Shattered backlite (rear window)
  • Ford applique crack
  • Applique separated, fell off or flew off from the vehicle

Get a Free Case Evaluation Now

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

One thought on Ford Tailgate Class Action Lawsuit Alleges Crack Defect

  1. Mary Erickson says:

    I have a 2005 Ford Explorer and the rear panel has cracked recently, is this case on going or is it settled?

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.