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. Donna Jansen says:

    I have a 03 Explorer. With the Ford Crack. Body shop don’t waste money to fix it will just Crack again. And I would of wasted my money.

  2. Debby Achten says:

    I have a 2004 Explorer (Eddie Bauer) and last week I also had the back panel crack for no apparent reason. The dealership & Ford Corp are taking no responsibility for this defect. I would like to be included in the Class Action Law Suit. Howl do I sign up?

  3. Veronica says:

    My 2004 explorer limited has the same crack.

  4. Peter Corriveau says:

    The rear window panel of my 2002 Ford Explorer cracked. About 5 years ago, I went to a Ford dealership to have the rear window panel replaced. Within a year, the replacement rear window panel cracked too. When I had the second rear window panel replaced, the Ford dealership made no mention this was an on going problem with rear window panels. I only found out it was an on-going problem after I had the second panel installed. I pulled up behind a Ford Explorer at a gas station and noticed that drivers rear window panel was cracked also. Shame on the Ford dealership for not telling me it was an on-going problem. I could have saved myself $400 plus for the replacement.

  5. Jose barrera says:

    Acabo de comprar ena edge 2015 y a los 2 meses se quebró el vidrio q va atrás del quema cocos , hable a Ford y me dicen q no procede por inclemencias del clima , yo que culpa tengo de que el cristal no aguante el calor …. Si alguien sabe un caso similar favor de contactar para ver si se puede demandar .

  6. Charles Fowler says:

    same problem, rear window panel cracked, 2002 explorer xls

  7. Michelle Powell says:

    I bought a 2002 explorer eddie bauer v8 with same tailgate panel issue. How do i get added to this class action?

  8. B. Caplinger says:

    I have a 2002 Ford Explorer XLT with the same type of vertical crack beside the Ford emblem. My vehicle runs great and is very comfortable, but that stupid crack infuriates me each time I look at it. I talked to our local Ford body shop manager who said it would cost me about $500.00 to replace it. Furthermore, he said that the same thing might happen the next time the temperature was extremely cold. I would think that the Ford people would be terribly ashamed to see all these vehicles with the same problems displayed prominently next to the Ford emblem. They should be so ashamed, in fact, that they should take action to fix each one. I want to be added to the lawsuit also.

  9. William H. Mays, Jr says:

    tailgate on 2005 Mercury Mountaineer cracked Bought piece to replace, but cost to install was so
    expensive, elected not to have it done. Still have replacement part and would like to have repairs made,
    how do I join Class Action Suit?

  10. John says:

    yup mines cracked as well. so how do i get this resolved?

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