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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 just purchased a used 2005 Ford Explorer XLT – I love it! However, I’ve had it less than a week and I’ve opened the small hatch and the large hatch only once each. I was very careful with the small hatch since it is plastic. And yet, I’ve just noticed a a large crack that runs all the way down the small hatch, just to the left of the Form emblem. I’ve looked at Forum suggestions and find it totally depressing…there’s only 88K on the car.
I heard a strange sound while driving my 2002 Ford Explorer. I thought a rock hit the car, but I was the only car on the road at the time. When I got home I check the back of my truck and the tailgate panel is cracked from the top all the way down to the bottom. I will have to find away to seal it so water doesn’t get in until it gets fixed.
Seriously,
anyone know how to join the lawsuit or is it too late?
If a class action suit goes forward, I want to be part of it. My 2002 Ford Explorer not only has the cracked panel, but the crack allowed water into the door and now the lock mechanism is completely rusted and disintegrated. I am unable to use the car because the hatch does not close. I can not afford to have it fixed at this time.
My 2002 Explorer has a cracked panel on tailgate. Please, advise on how to join the lawsuit
My 2003 ford explorer has a cracked panel as well. I noticed that the rear glass was not latching right when closing it before the crack showed up. About a year after the crack we noticed that one of the hinges on the glass was nearly broken. Ford had a recall on the hinges and I was told the repair had already been done to my vehicle. It might have, it was 3 years old when I bought it. They refused to replace the hinges even though the exact same thing happened to the hinges that caused the recall. I strongly believe the crack had something to do with the hinges not being right and causing the hatch to not close properly and put stress on it.
I would like to know how to join the lawsuit also. My 2002 Explorer cracked and is identical to the pictures I found online.
How do I join the lawsuit? I have the same issues with the cracks on my 2002 Explorer.
I first noticed that the panel had cracked on my 2004 Explorer in November 2015, yesterday the rear window spontaneously exploded while the car was parked at work. The best the dealer can do besides fixing it for $1,300 is tell me to keep the receipt in case someday Ford does a recall. I won’t hold my breath.
I have a 2003 Ford Explorer and have the vertical crack on the lift gate below the rear window and want to join the lawsuit. How do I join the lawsuit?