Consumers File Ford Tailgate Crack Class Action Lawsuit

In June 2011, a nationwide tailgate crack class action lawsuit was filed against Ford Motor Co. in California federal court. The Ford class action lawsuit alleges the American automaker refused to fix tailgate cracks on certain sports utility vehicles during the warranty period, even though there is reportedly evidence that these cracks were caused by a known Ford defect.

According to the tailgate crack class action lawsuit, Ford was aware of the tailgate cracks since 2002 and that the source of the cracks was allegedly caused by a design flaw in the tailgate’s lower window panel that allowed moisture to build up and eventually crack the tailgate.

The plaintiffs allege that even though the automaker was aware of this tailgate crack problem, Ford continued sell 2002 to 2005 Ford Explorers and Mercury Mountaineers and 2003 to 2005 model year Lincoln Aviators containing the manufacturing defect. As soon as the 2002 models hit the market, the tailgate crack allegedly appeared in thousands of these Ford vehicles in the same place.

The Ford class action lawsuit alleges that consumers attempted to bring their affected vehicles into car dealerships for repairs, but Ford initially refused to cover the tailgate crack repair service under the consumers’ warranties, claiming the cracks were not caused by a defect but rather blunt force by a rock or snowball.

When Ford did eventually admit that the tailgate crack was caused by a design/manufacturing defect, the consumers’ three year warranties had expired and the automotive company still refused to cover the tailgate cracks, even under extended warranties.

The proposed tailgate crack class action lawsuit alleges Ford’s business practices constitute unjust enrichment, breach of express warranty, and violate California Business and Professions Code, Consumers Legal Remedies Act, Magnuson-Moss Act, and unfair competition laws in all the 50 states. The plaintiffs of this Ford class action lawsuit are seeking injunctive and declaratory relief, restitution, punitive damages, payment of attorney’s fees, and repair under the vehicles’ express warranty.

This Ford class action lawsuit is one of three consolidated tailgate crack class action lawsuits, which represent more than 30 named plaintiffs from 25 different states and potentially millions of Class Members.

The Ford Tailgate Crack Class Action Lawsuit is Nettleton, et al. v. Ford Motor Co., et al., Case No. 3:11-cv-02953, in the U.S. District Court for the Northern District of California.

Ford Tailgate Crack Problem

Since October 2013, three Ford tailgate class action lawsuits have been filed against Ford and since then been consolidated into a national class action lawsuit alleging Ford sold certain car models containing a known tailgate crack and/or shattered backlite problem cause by a manufacturing defect.

According to the consolidated Ford class action lawsuits, a design defect in a lower window panel allows moisture to build up behind the tailgate and, on occasion, the Ford applique. Overtime, due to varying weather conditions of hot and cold temperatures, the trapped water beneath the tailgate and/or applique creates internal stress. Eventually, this internal stress will allegedly lead to a large and very noticeable crack. Some Ford car owners and lessees have even reported that this crack will spread and shatter the backlite (rear window).

Vehicle models that have been reported to contain the cracked tailgate and/or the shattered backlite (rear window) include:

• 2002-2005 Ford Explorer
• 2002-2005 Mercury Mountaineer
• 2003-2005 Lincoln Aviator

Owners and lessees of Ford Explorer, Lincoln Aviator and Mercury Mountaineer of the above model years who experienced a cracked tailgate and/or shattered backlite (rear window) should consider filing or joining a Ford tailgate crack class action.

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