Ford Class Action Lawsuit Alleges Cracked Tailgate Defect

A consolidated Ford cracked tailgate class action lawsuit is moving forward on claims Ford sold SUVs with tailgates that are prone to crack because of defective materials.

The affected SUVs named in the cracked tailgate lawsuit are the 2002-2005 Ford Explorer, 2002-2005 Mercury Mountaineer and the 2003-2005 Lincoln Aviator. The lawsuit alleges that even though Ford sold millions of those SUVs, consumers might not have purchased the SUVs if the defect had been known.

In addition to the alleged defect causing the tailgate to crack, a cracked tailgate poses further safety risks such as the window in the tailgate dropping out, potentially injuring bystanders, or shattering. The cracks lower the value of the vehicle and could injure people who open the tailgate, according to the Ford lawsuit.

The class action lawsuit includes Ford owners in 25 states who claim Ford knew of the alleged tailgate defect in 2002 but hid the defect from consumers to save on the expense of repairing or replacing the cracked tailgates. The plaintiffs claim the tailgate material is prone to allow moisture and air behind the window panel that can cause the tailgate to crack.

The Ford class action lawsuit alleges the cracked tailgate defect existed from the time the SUVs were manufactured and based on that, any cracked tailgate should be covered under Ford’s original warranty. However, a federal judge rejected that argument and dismissed the warranty claims while allowing the cracked tailgate lawsuit to proceed based on consumer protection and deceptive trade practice claims.

The Ford cracked tailgate class action lawsuit claims that the tailgates of the Ford vehicles were made out of flawed materials and were assembled using deficient techniques. As a result, these tailgates were defective at the moment of sale and likely to exhibit a large, discernible crack to the tailgate panel to the plaintiffs and Class Members. When customers brought the cars to dealerships for repair, Ford allegedly initially refused to cover them under their warranty, claiming the cracks were caused by a rock, snowball or other blunt force.

Ford Motor Company Cracked Tailgate Lawsuits

The proposed cracked tailgate class action lawsuit says Ford’s actions are unlawful business acts and practices under the California Business and Professions Code and violate the state Consumers Legal Remedies Act. The Ford tailgate lawsuit also brings Magnuson-Moss Act, unjust enrichment and breach of express warranty claims, as well as claims under unfair competition laws for each of the 50 states and the District of Columbia. It seeks injunctive and declaratory relief, restitution, actual and punitive damages, attorneys’ fees and costs, and repair under the express warranties. The Ford cracked tailgate class action lawsuit was filed in the U.S. District Court for the Northern District of California.

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