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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
Just bought a used 2005 XLT RSC with the back hatch panel NOT broken. Owned the car for less than 48 hours when I noticed a crack on the left side of the Ford emblem. =( Car was parked in the driveway when I noticed it after it not being there when it was parked.
We have a 2005 Lincoln Aviator with the vertical crack on the rear liftgate. How do we join this class action?
A vertical crack mysteriously appeared on the tailgate of our 2003 Explorer starting right below the window. It’s been parked under our carport and not driven for a couple of weeks. We had no idea how this happened but after Googling the issue, seems like it’s a common problem. Did the lawsuit settle? Is it too late to join? Is Ford fixing the crack?
2004 XLT HAD THE CAR WORKED ON AND CAME BACK WITH A CRACK IN UPPER TAILGATE
My 2003 Explorer cracked today out of the blue. Have not had a chance to seek repair yet. It was not hit and has not been wrecked. It cracked sitting in the driveway. Cannot believe Ford has not corrected this issue over the years knowing there has been a problem with their product.
I have a 2005 aviator and has the hairline crack under window I just was looking online to see how to fix when I came across so many others with the same problem, have always taken good care of my car bought it new was just thinking about trading in on new 2015 mcx BUT now that Im reading how
FORD will not fix the problem that sould be a RECALL im looking into a difference maker.
Thought I was seeing things….all of a sudden a hairline crack appeared on the metal under the rear window on my 2004 Explorer ….we have always taken care of this SUV and always parked it inside out of the weather only 67000 miles. This has to be a manufacturing flaw.
I personally believe this to be a safety hazard as well,THIS morning my wife moved our 2005 lincoln aviator to the other side of the street in order to rake some leaves,after she finished she went in for a rest,she heard a loud pop,went outside to see what it was and found the rear glass hatch exploded into a million pieces no window left,had it towed to a body shop for the insurance adjuster to look at it,will know what they come up with tomorrow,and it was only about 60 degrees out so it wasn’t the heat,we have about 85,000 miles on it and it still looked new untill today 10-27-2014
Look into the recalled glass hinges. I am almost positive they are causing the cracks and were causing the glass to break which is why they were recalled. My replaced hinges also failed and had to be replaced again
Same problem on 2002 explorer xls add me ino
Count me in 2005 ford explorer eddie bauer