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A federal class action lawsuit claims that Ford Motor Company knew that the tailgate panels crack on its 2002-2005 Ford Explorers and Mercury Mountaineers, and its 2003-2005 Lincoln Aviators, but actively concealed the defect from consumers.The Ford class action lawsuit claims the Cracked Tailgate Problem is caused by a design defect or manufacturing flaw that allows moisture to 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 discernable crack to the panel, immediately devaluing the Ford Vehicle,” the class action lawsuit states. “In addition to the defect resulting in diminution of the vehicle’s inherent value, the Cracked Tailgate Problem also presents a safety hazard to anyone opening or closing the tailgate.”
The Ford cracked tailgate class action lawsuit alleges that Ford knew about the problem in early 2002, but continued to manufacture, advertise and sell the Ford vehicles without disclosing the Cracked Tailgate Problem to consumers or the public. It also allegedly continued to manufacture the Ford vehicles with the identical Cracked Tailgate defect through the 2005 model year.
“As a result of Ford’s fraudulent concealment of the defect, Plaintiffs and the Class had no knowledge of the Cracked Tailgate Problem prior to purchasing their Ford Vehicle(s). Ford has also systematically refused to repair the Cracked Tailgates, whether inside or outside the warranty period, fraudulently asserting…that any cracked tailgates on the defective vehicles were caused by a collision with an outside force, not an inherent design or manufacturing flaw in the tailgate itself.”
The Ford cracked tailgate class action lawsuit is brought on behalf of all U.S. residents who purchased, not for commercial resale or transfer, a 2002-2005 Ford Explorer and/or Mercury Mountaineer, or 2003-2005 Lincoln Aviator. It is seeking injunctive relief, declaratory relief, restitution, actual and punitive damages, and more.
A copy of the Ford Explorer, Mercury Mountaineer and Lincoln Aviator Cracked Tailgate Class Action Lawsuit can be read here.
The case is Sally J. Nettleton, et al. v. Ford Motor Company, et al., Case No. CV-11-2953, United States District Court, Northern District of California.
UPDATE: A federal judge trimmed some claims from the Ford cracked tailgate class action lawsuit on March 11, 2014.
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
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752 thoughts onFord Cracked Tailgate Class Action Lawsuit
I too would like to participate in the class action lawsuit. Our local dealer quoted a replacement cost of well over $600 – dollars that we don’t have. And of course it’s not covered by car insurance.
UGH! Just happened today. AND BS it happened because of impact. My car was in pristine condition and there is no way in hell I should have to pay money to ford for something they should be fixing for free. I WANT IN!
I bought explorer and didn’t have it 1 month and this crack appeared. Since then, I see them every time I leave my house…on explorers and mountaineers. I WANT IN ON THIS LAWSUIT!!! I want my nice shiny pretty explorer to NOT have an ugly crack down the hatch!!! Please let me know how to get in on this. FORD has been VERY VERY SLACK HERE!! melissa_cna05@yahoo.com
I would like to participate.
I respectfully would like to join this class action law suit. I too have the very same issue with the crack on the applique. 2002 Mercury Mountaineer. Please advise. Appreciated.
Regards, Frank Paul Cangemi
My 2002 Moutaineer has the same problem. I’m guessing for every 5 Explorers or Moutaineers that I see on the road, at least 3 have the same problem. Obviously it’s a design problem and Ford needs to take care of it!
My 2004 Explorer had this happen only a year or so after I purchased it new. How can I join this class action?
Ford Cracked Tailgate Class Action Lawsuit
I would also like to participate in this.
I would like to be part of this Lawsuit! I bought a 2003 Eddie Bauer Ford Explorer when it was brand new and iam the only and orginal owner of this car. Yes there is a cracked on exterior tailgate applique near the Ford Emblem on my car for years that i own this car. Please Ford Fix this! Iam not looking for money just fix this problem. Thank you
Ford Cracked Tailgate Class Action Lawsuit
How do I get my name on this class action suit against Ford?
Bought the 2002 Explorer from Ford used in January 2004 and the tailgate cracked in two places on each side of the Ford emblem. Paid to have it fixed because of pieces coming loose with the wind thinking might hit another car. Guess what it’s cracked again…….
I was told by Ford it was not a safety issue and there was no recall….. Please add me to the list
Ford Cracked Tailgate Class Action Lawsuit
How do I get my name on this class action suit against Ford?
Unable to open tailgate on 2003 ford explorer xlt as handle has worn away due to moisture getting in
We want our name added to the class action suit against Ford.
2003 ford explorer. Add me to the class action law suit, please.
My 04 Lincoln Aviator has two complete vertical cracks around the Lincoln emblem. Please add me in. Thank you!
Add my name to the class action lawsuit I have a 2005 ford explorer and I now have 2 crack in the back
I would like to have my name added to this lawsuit.
Leave a complaint with the NHTSA, so they can see how this faulty manufacturing, does not meet safety measures.
We have a 2003 Ford Exployer with a cracked tailgate
I own a 2003 Ford Explorer. Back panel has a crack, every Ford Explorer that I see has the same problem. Please add me to the class action lawsuit.
Own a 2005 Ford Explorer. Back panel below window cracker and had to be replaced. Please add me to the class action.
My 2004 Explorer has the same crack that was discovered after a very cold weather period.
My 2004 Eddie Bauer Explorer has suddenly developed a vertical crack in the tailgate, please add my name to the class action against Ford.
My back gate crack!
I have the same cracked tailgate on my 2002 mercury mountaineer. And a clicking noise in the back of the truck. Also the front electric seat ” that is on the same circuit as the tailgate” is not working.
I have a 2003 ford explorer the applique panel cracked on it also.
2004 ford explorer, cracked tailgate
Add me to the class action. I own a 2002 Explorer mine cracked and had to remove it!!!
I developed electrical problems with the liftgate of my 2002 Explorer and was told that it was a problem due to corrosion and moisture leaking behind the aplicaque panel. The switch and the lock mechemism had to be replaced . The Cost was in excess of 300 dollars.