Sarah Mirando  |  January 11, 2011

Category: Legal News

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FordThe 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

  1. James Hutchinson says:

    Same problem with the crack. Told them about it the first cold season for the car, 2005/2006. Although I heard and saw several other complaints for the same issue FORD has done nothing. Now the gate won’t close, the window won’t close. Even better my glass company ordered replacement 07/31/2014 and I still have not seen it. I spoke with Jonathan at Ford Customer Relations who was of NO help.

    A lot of people have asked where to join the action however I have seen no link.

    Also, any actions against FORD for the transmission shifter lock problems?

    1. Christina says:

      Its the glass hinges!!! They were recalled once and the replacement ones are also failing. I could not open my glass when one was all messed up.

  2. thomas farrell says:

    My 2004 Aviator liftgate panel cracked and the bolts holding the liftgate latch rusted and broke causing the latch to flop loosely. While setting up to try to repair that I noticed that the liftgate hinges had both broken also! They were both canted badly and barely holding. After examining it I believe the hinges were incorrectly installed originally. Now I am sitting with the liftgate off while trying to figure out my next move. This vehicle only has 52,000 miles on it and has been babied. This should never happen. Is there anything I need to do to join this class action?

  3. Steve Quirk says:

    I have a 2005 explorer with a cracked rear panel. How do I join the lawsuit and get The rear panel replaced?

  4. Rick Bacon says:

    Add me to the lawsuit. 2002 FORD XLT 2×4 Ford Explorer. Whole thing came off and their is the crack everyone is describing. I got fed up taking it to the Ford body shop only to have it come off again within a month. I finally reattached it with Gorilla glue. Doesn’t look pretty, but it hasn’t came off since I put it back on with the Gorilla glue.

  5. Khurram Younus says:

    How do i join the lawsuit? I have a 2004 Lincoln Aviator with same issues. The rear liftgate has a crack in it and my hinges broke also!!!!

  6. Ed Harrington says:

    My 2005 Explorer has done this twice. The first time it had cracked. The second time parts of it came flying off in a car wash. It has cost over $1000 to have this fixed twice. Each time it gets more expensive.

  7. Ricardo Garcia says:

    This is the cheapest material we have ever seen. We had the whole hatch replaced on our 02 mountaineer in 2009 because of a shattered window and a horribly cracked hatch. A year later, the panel was cracked again…worse.
    We just had the entire mountaineer painted with a high-end paint job as we love this vehicle that we have had for 11 years. The hatch looked beautiful once it wad all complete. A day after we picked it up from the shop, it was cracked again in two places. The bodyshop manager had told us they were having trouble with fixing the material this panel is made from.

    How can we be added to the class action suit? This is a horrible business practice by ford. Fix it Ford!!!!!!!

  8. Judy Nejman says:

    How does one get included in the class action lawsuit?

  9. Vanna says:

    I have a 2002 ford explorer also along with everyone else here has a crack below the window on back. I always see the ford explorers with the same crack. Please include me in the class action. Would like to get this fixed.

  10. Becky says:

    I own a 2003 explorer and I saw the crack right down the middle within a yr after purchasing it. My explorer looks beautiful except this stupid crack and I also see them everywhere! I would def like to get in on this to get it fixed.

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