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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 a 2003 Ford Explorer and the crack appeared one day after sitting in my driveway over the weekend a year after it was purchased. Ford has repeatedly told me this crack was caused by someone running into my truck…even though there are no other stress marks, just the crack. Anyone can look at the crack to know it happened through a manufacturing malfunction and not from someone hitting my truck! I want to be part of the suit….but will we end up with just a few dollars each or a new piece?
After having discovered that the so many Hatch Finish Assys’ have broken that none are available in salvage yards; I was searching the net for a 2002 Explorer Hatch Finish Assy when I saw this item. How does one become a litigant in this case?
I would like to be included aslo for my 2005 explorer
My 2005 Exploerer has the same crak all the way down..I to want to join the lawsuit
Count me in on the lawsuit, my ’05 Explorer developed the crack in Jan. of 2012.
I had a 2002 Ford Explorer on which the rear panel under the window cracked when very new. Ford relaced and repainted it. A few months later it cracked again, and Ford refused to fix it. Rather than paying over $300 to replace and repaint it, I had a custom heavy black “Flame” plastic decal glued over the crack with a cutout for the Ford emlem. This disguised the crack ok. I have since given this vehicle to my granddaughter.
have two and both have cracks. ford dealership says they “aren’t familiar” with this problem, which is funny because as i drove around to look at the used cars there was one there with a damn crack in it. it gets better. another one AT THE SAME DEALERSHIP in the collision repair center with a crack waiting to get fixed! sign me up! i am sick of being lied to!!!!
My girlfriend and her mother have matching 2003 Lincoln Aviators–and matching, well, by the posts herein, you know. I spoke with Ford customer service. Disturbingly, I was informed my call was “the first” they’ve heard on the tailgate issue. I further spoke with the dealership who “repaired” one of the vehicles in 2008. The crack returned less than a year later. Oh, each vehicle also has defective tailgate glass hinges. My brother owns a Ford F-150. It took years for Ford to finally step-up to the plate to correct a gas tank strap issue. Yes, gas tank issue. Ford’s new motto should be: “Ford. We go out of our way *not* to go out of our way.”
I have had the rear hatch replaced 4 times. 2 times under warranty and 1 time Ford replaced, and again under the 1 year warranty. It is now pealing from both sides of the hatch and rattles and is very noisy. This will be a problem with the resale value of this car. I see these cracks all over the Fords and Mercury Mountaineers. This hatch only last for about 12,000 miles and then cracks.
I just discovered the same crack in my 2004 model! One day it wasn’t there, the next day it was! Very strange. I also would like in on this lawsuit. (unless, of course they fix it for free)