Ford Class Action Lawsuit Alleges Tailgate Crack Defect

Three Ford class action lawsuits that allege a defect caused cracks to the tailgates of Ford and Lincoln vehicles have been joined together in federal court.

The plaintiffs in this Ford class action lawsuit have alleged that certain vehicles manufactured by Ford under the Ford, Mercury and Lincoln brands are made out of material that is prone to cracking, causing damage to their vehicles. The Ford class action lawsuit alleges that Ford tailgates were manufactured in a way that traps air and moisture in the tailgate. As the air expands and contracts with temperature, and moisture condenses and evaporates, this defect allegedly can cause tailgates to crack and the back window to crack and even shatter.

The Ford class action lawsuit holds that millions of consumers purchased Ford, Lincoln, and Mercury vehicles with this defect, and that consumers would have either not purchased the vehicles, or paid much less for them had they been aware of the defect. The Ford class action lawsuit alleges that the car maker breached implied warranties and violated consumer protection laws by selling these allegedly defective vehicles.

The three separate class action lawsuits against Ford have been consolidated into one legal action. These Ford tailgate lawsuits included more than 30 plaintiffs scattered across 25 states alleging that Ford made vehicles with a design defect that promoted cracking. Many of these cracks formed after stated warranty limits, which made it difficult for plaintiffs to get repairs. The Ford lawsuit alleges that the cracks were the results of a defect that was present as soon as the cars were manufactured.

Some of the claims within the Ford class action lawsuit have already been dismissed, but others are moving forward. In March, the judge presiding over the case dismissed claims that hinged on the idea that an implied warranty claim could be brought over a defective design that did not cause damage right away, as the plaintiffs’ legal team was not able to find strong enough precedent to establish this. Other claims are pending in 20 states, which could eventually lead to further litigation against Ford over Ford tailgate cracks.

The Ford Tailgate Class Action Lawsuit is In Re: Ford Tailgate Litigation, Case No. 3-11-cv-02953, consolidated in the U.S. District Court for the Northern District of California.

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