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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
My husband came home from work and asked me what happened to my 2003 Mountaineer? I walked outside too see a large crack on the tailgate. i assumed it was from the weather ( since it is Feb.). My husband told me that the car is to new for that type of thing to happen to it, so we went on a ” Web hunt” and found this site and learned about Class Action Lawsuits. I love my Ford and just want the crack fixed, i would hate for something seriously to happen like my back window breaking.
My 2005 Explorer has two cracks that get wider in cool weather. I was a loyal Ford customer since 1985. I just purchased my first Japanese SUV this year.
I will never purchase another car or truck from FORD. They do not take responaibility for their mistakes. We wonder why our auto manufactures are loosing their share of the market.
I want in on this class action lawsuit. My 2005 Ford explorer has this problem,
How can i get in on this? I have a 2005 Explorer and it has the cracked down the middle. I purposely look at the hatch, when i think about it and i’d probably say, i’ve seen around 5 in the last month. This is a defect. I don’t care if they knew or not, reality is, IT’S A PROBLEM and they need to recall & fix this problem. I have had 2 Ford trucks, 2 Ford cars and 1 suv. I won’t purchase another Ford.
Have a 2004 Explorer, tailgate completely cracked down the middle 2 weeks ago. Was told it would cost over $500 to repair. I’ve heard there’s incompatibility issue with windshield washer solvent and the paint/plastic/epoxy compound on the tailgate. I’m wondering what good is it to replace if same thing happens again. Comment from Trilby above seems to confirm this problem.
Part 2:
It took 2 gentleman who helped her a half hour to disconnect the now bent gas shock arm and hold the glass in one corner to shut the lift gate so she could drive the truck home.Check your lift gate hinges, if you see stress marks in the middle it means the pin in the cheap plastic hinge is about to burst through. Another issue that should also be recalled is the serious rust issue in the rear wheel wells of the 02-05 explorer. Ford put foam between the sheet metal and plastic panels that is supposed to deaden road noise in the rear area. Unfortunately, this foam holds water and causes the metal to rust from within. This is more of a concern in the rust belt states than anywhere else. When I called ford to register my “Concerns with the above 3 issues, I was told this is the first time they have heard of this and will certainly record my concerns. First time they heard of this? Certainly not. More like the 10,000th time.
Good luck to us all.
I emailed the lawyers representing this case in Mid 2011 to inquire about becoming a class member. Never received a response back. The problem with the tailgate is the adhesive used to hold the plastic applique panel to the back glass has no give in it. When it heats up or cools, it will not relieve any of the pressure and starts cracking. Over time this crack gets bigger and finally splits all the way through and cracks the paint. Another thing we all have to contend with is the broken hinges on the lift gate glass. Ford acknowledged the problem and will repair it free of charge on a 2002 Explorer/Mountaineer, but anything after that the customer has to pay for. My 2004’s hinge broke while my wife was loading groceries and it fell on her head. I’ve heard of this happening and the glass shattering and causing injuries. Luckily my wife was OK and the glass did not shatter.
2005 Lincoln Aviator……I am now on my 3rd liftgate crack. It now leaks.
My 2003 Explorer planel is cracked also.
I would like to participate in this class action suit. I have a 2004 Mountaineer which is on it’s third (and cracked again) tailgate.