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The rear tailgates in 2002 through 2005 model year Ford Explorers, Mercury Mountaineers and Lincoln Aviators suffer from a defect that causes them to crack, according to a federal class action lawsuit against Ford Motor Company.
Plaintiffs allege in the Ford class action lawsuit that Ford knew, or should have known, about the defective tailgates because it received thousands of complaints about the defect, but has failed and refuses to recall the vehicles to fix the problem. The tailgate defect in these Ford vehicles not only causes them to crack, but it also poses a safety risk to drivers and diminishes the vehicle’s value, says the class action.
The Ford defective rear tailgate class action lawsuit is brought on behalf of all current and former owners or lessees of a 2002 through 2005 Ford Explorer, Mercury Mountaineer or Lincoln Aviator residing in the United States. It also includes the following proposed subclasses:
(I) All original owners and lessees of these vehicles that repaired or paid someone else to repair a damaged rear tailgate.
(II) All original owners and lessees of these vehicles who have not yet repaired or paid another person to repair a damaged rear tailgate.
(III) All subsequent owners or lessees of these vehicles that repaired or paid someone else to repair a damaged rear tailgate.
(IV) All subsequent owners or lessees of these vehicles who did not repair or pay someone else to repair a damaged rear tailgate.
The Ford cracked tailgate class action lawsuit is alleging violation of the Magnuson-Moss Warranty Act for failing to remedy the defective rear tailgate in the Class vehicles within a reasonable time and without charge; unfair competition for concealing the known defects; breach of express warranty for failing to repair the vehicles under warranty; and more.
It is seeking class certification, restitution, injunctive relief, attorneys’ fees and costs, and other relief.
A copy of the Ford Explorer, Mercury Mountaineer & Lincoln Aviator Defective Tailgate Class Action Lawsuit can be read here.
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151 thoughts onFord Defective Cracked Tailgate Class Action
I HAVE THE SAME TAILGATE CRACK ON MY 2004 FORD EXPLOYER EDDIE BAUER EDITION THAT I NOTICED IN NOV. 2009 (MILEAGE 43,000). CHECK WITH THE DEALER EACH TIME I GOT A 4000 MILE OIL CHANGE (12/2011 MILES 55,000). I GET THE SAME RESPONSE FROM THE SERVICE DEPARTMENT THAT “IT IS A KNOWN ISSUE”, BUT NO RECALL. REPLACING THE PANEL WOULD ONLY HAVE IT CRACK AGAIN IS A WASTE OF MONEY,
SINCE IT’S A “KNOWN ISSUE”
I DON’T KNOW HOW TO GET ONTO ONE OF THE EXISTING CLASS ACTION LAWSUITS. DOES ANYONE KNOW ?
Recalls are for safety issues. Mfg will rarely fix something that isn’t a recall. Criminals. My 05 Aviator just cracked just below the window all the way down to the bottom of the lift gate. I am calling the body shop Mon, to see if there is a service bulletin or something that they will pay for
I was going to start a website taking pictures of these cracks I see them all over Dallas. Funny but Sad
My 2005 Mountaineer has a crack on the back tailgate that runs from the bottom of the window along side the emblem to the bottom of the liftgate.
MINE HAS BEEN CRACKED FOR SEVERAL YEARS FORD WILL NOT REPAIR IT. THERE ARE 5 EXPLORERS ON MY STREET THAT HAVE CRACKED TAILGATES.
Just got this crack this week in my 2004 Explorer. Ridiculous! Just appeared out of nowhere, we haven’t even been driving the car for a few weeks, it’s been sitting in the driveway. On top of the peeling paint, curse the day I drove out of the dealership in this thing. So what can be done?
My 2005 Ford Explorer lift gate cracked and I had it replaced at Ford dealer, they told me there was a recall for it but my vehicle wasn’t included because it was too old. The panel was replaced in 2008. In July 2011 the same panel cracked AGAIN. I went to the Ford dealer and they told me just find a body shop and have them replace it. I really like the vehicle, but, I’m very dissapointed with the lack of professionalism of Ford. I would like to join the law suit at least to get the money spent on these panels back.
Ford Defective Cracked Tailgate Class Action
We have an 2003 Ford Explorer Eddie Bauer V8. We have the crack happen too. It happened the month after our warranty expired, sometime back in 2008. When I had the car serviced for an AC problem one of the service managers saw it and said we could get that fixed under warranty. I explained it happened right after warranty and that he said, “Oh sorry then…” If you can get on this Class Action as well, please let me know. I am from San Diego, CA. It’s only the 02-05 explorers that have this problem. 99% of all the other explorers within the same generation have this problem too.
Ford Defective Cracked Tailgate Class Action
My 2005 Ford Explorer XLS tail gate has cracked and I see similar damage on Fords everywhere. How do I join the lawsuit? Can you send me a copy of your evidance showing they had knowledge?
Ford Defective Cracked Tailgate Class Action
The tailgate of my 2003 Aviator cracked and the dealership said it wasn’t a common problem, so I did pay to have it fixed.