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. Patricia Van Velthuizen says:

    Hello, I also have a ford explorer from 2005 with a crack in the back panel. I live in the Dominican Republic. What can I do?
    Please advice.
    Kind regards,
    Patricia van Velthuizen

  2. David McClure says:

    My 2004 ford explorer has a cracked liftgate how do I get in on this

  3. Tom Milton says:

    I have a 2005 Ford Explorer that has a crack what do I do to join in and get it fixed at no cost to me

  4. Christopher Somers says:

    Is this still happening?

    1. Scott Marcum says:

      How do I join the lawsuit? I have a 2004 explorer with the crack.

  5. Jesse johnson says:

    How do I join the lawsuit? I have a 2002 explorer with the crack.

    1. Christopher Somers says:

      Is this still happening? I have had 2 crack on me. First one cracked and I fixed it and just had the replacement crack. How do we get in on the lawsuit

  6. Vicki Dsugherty says:

    I would also like to get in on the class action lawsuit. I have a 2004 Ford Explorer with that back panel cracked.

    1. Jeanna Davis says:

      Anybody ever hear anything from your recent comments?

  7. Nancy Kurt says:

    I’ve had 3 mercury mountaineers with the same issue of that panel in back cracking. 2-2003s an my current one a 2005.
    It just cracks, and not even due to closing it!! Freakish thing I’ve ever seen!

  8. MICHAEL WAGNER says:

    i have a 2005 ford explorer limited , it also has a crack in the panel below the rear lift gate window, when i turn on the rear defroster message panel says door ajar and the interior lights come on, at night when driving with these lights on it is hard to see the road clearly, THIS IS A SAFETY HAZARD!!!

  9. Holly Newhouse says:

    I also have a 2002 Ford Explorer XLT and the rear panel is cracked badly, this is the second one. Ford Needs to be held accountable!

  10. CMSimms says:

    I have a 2005 Ford Explorer XLT 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?

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