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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 have same issue with 2003 mountaineer I would like to also be included.
Add my name to the class action lawsuit I have a 2005 ford explorer and I now have 2 crack in the back
2002 explorer has crack…. FORD REPLACED IN 05 Free….stated manufacture defect…. Again in 06 but charged me $50…. Has now happened again and want almost $500. I call about every other week or so and bug the dealership about it. I think starting to irritate them. Would love to take there again and get results. I want in, please help me.
Add my name to the list.Mine cracked yesterday 4/4/12 how do we get our names added to the list of people that have this problem
I purchased a new 2004 Ford Explorer. The first issue I had was with the leather on the 2 front seats cracking with less than 10,000 miles on the vehicle. The leather was replaced not once but twice for the same problem. Then with less than 70,000 miles I had to have the shift solenoid replaced because the vehicle lurched and shifted very hard between 2nd and 3rd gear. In less than a year I had to have the complete transmission rebuilt. Now I have a crack in the tailgate panel on the vehicle. Needless to say I will not be buying another Explorer which I truly enjoyed driving, and doubt that I will purchase another Ford product because of these issues and Ford Motor Company refusing to take responsibility for these issues.
Yes, I want in too. Can anyone give me information in how to participate? I have a 2004 Mercury Mountaineer that has a wide crack on the liftgate panel. Unsightly!
I have a 2005 Lincoln Aviator that now has several cracks on the tailgate panel. How do I get in on this lawsuit? The problem starts as one crack, but will tell you that is does get worse. Please help.
My 2003 Explorer developed the Ford signature crack last night, 03/05/12. The vehicle has been parked for over a month now since the engine self-destructed with just 53000k miles on it. The crack was definitely not caused by impact, and I have seen too many others for this to be other than faulty design. Count me in.
My 2004 Mercury Mountaineer has this same crack….if it is a design flaw Ford should be held responsible. No doubt this will be an issue if I decide to trade or sell this vehicle.
I want in on this.My 2004 Lincoln Aviator has that huge crack in it.The hinges are ready the brake and the lift glass will not shut all the way.
Add your crack to my growing collection:
http://www.facebook.com/pages/Ford-Explorer-Lift-Gate-Cracks/196588340383724?sk=wall&filter=1