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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
Just bought a 2002 Eddie Bauer explorer. Very first time taking it through the wash, half of the panel broke off in the car wash. Really? And apparently ford had already fixed this before. Add another one.
I bought my 2004 ford explorer New a couple yours later Rear panel was cracked
We own a 2004 Ford Explorer which has a cracked rear panel . We want to be part of this class action lawsuit, statement number TSB02-25-6.
2004 Mercury Mountaineer – cracked tailgate applique, replaced it and now replacement cracked and half broke off in a car wash. This caused the tailgate glass latch/striker to corrode from moisture and window to loosely stay shut with concerns of it breaking from road vibrations.
How do I get on the list? I own a 2005 Mercury Mountaineer and my crack is getting worse.
Have a 2004 Explorer with the cracked tail gate. Please add me to the list.
I have had nothing but trouble and have only owned this vehicle for about a month. It is a 2005 Mercury Mountaineer. It really wasn’t what I intended to buy, but the truck I went to see was too rusted out for the money, so I drove , liked, and purchased the Mountaineer. It had a crack on the tailgate, but I thought it was something that the previous owner may have done by backing into something. I sealed it with clear silicone to keep the water out of the lift gate. Anyways I bought the vehicle as is from a used car lot. I did not do my homework. Tonight I opened the gate to retrieve items and closed the lid and the glass shattered into a million pieces and the liftgate nearly folded in two. I was just 6 miles from home so I drove it home. I parked it in the garage and the dome lights wouldn’t go out because of the lift gate. Tried to open and close again, but nothing was working. I then thought of opening the hood to unhook the battery to save the battery but the hood wouldn’t open. Eventually they went out. Please tell me what to do??? What do I do about another lemon?
Every single, similar type of Explorer I see in town has the same type of crack I have acquired. Some worse off then others. I purchased this vehicle without a crack and it only had 21,000mi. on it. (I thought I was getting a killer deal). At roughly 75,000 now and I get this crack below the rear window. Very sad. Please add me to this lawsuit as well.
I would like to be added to the lawsuit
Oh, and my right hinge broke yesterday when I was shopping… really ughhh!! Now I have to order a hinge and the plastic bottom of the lift gate before we loose the whole thing; and I cant drive it until the hinge gets delivered.