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. Anonymous says:

    My complaint is the same as everyone else! I have a 2005 explorer with crack from bottom of window around the ford emblem and rest of way down. Called Ford and was told there was nothing could be done, the car is out of warranty .
    I have owned 4 Fords and fixing to purchase another but with this in mind I will probably go another direction unless Ford can come up with a solution.
    Who would have thought this could happen? Ford has had plenty of time to fix this situation from 2002-2005 and with the complaints I have seen it didn’t just start. I would like to get with the class action suit. Please tell me how!

  2. Anonymous says:

    My story is the same as most of them listed 2002 Mountaineer, 103K I noticed a small crack in the center, eventually split top to bottom. I had it fixed 2 times crack came back. it is cracking between the center and sides now… I want to sell it, but with the hatch looking like that it makes it more difficult. I don’t see a replacement piece offered. Is there one or it is the whole rear hatch as I was told. About 1/2 of the Mountaineers I see are cracked. I had one guy say, Chevy suburbans don’t have problems like that, so he bought a suburban over my Mountaineer.

  3. Anonymous says:

    2004 ford explorer found cracked lift gate yesterday

  4. Anonymous says:

    I own a 2002 Ford Explorer. In 2008 or 2009 while on family vacation, I unloaded my trunck at the hotel, closed my trunck and the whole rear window shattered. Luckily I had just removed my small child from the back seat , her car seat was full of glass!!. I recently had to have my transmition replaced and was informed that the 2002 Explorer transmition was not built correctly. I am interested in joining a class action law suit for the rear window and transmition.

  5. Anonymous says:

    Our tailgate panel cracked on our 2003 Explorer a couple of years back. We put duct tape over the crack to prevent any moisture from getting in.

    Just yesterday, the problem became a safety hazard. My husband was closing the tailgate and the rear window shattered. We believe the crack caused too much stress on the window. I could easily see this happening on the road while driving or possibly with people in the back seat. I think this can definitely become a safety hazard, as it did for us, for many others with cracked tailgates.

    I think this is a real problem and should have been addressed as a recall before it came down to us now having a completely damaged rear hatch window and thus an unusable vehicle until this gets fixed.

    We too have had a lot of other problems with this Ford Explorer (transmission problem that had to be replaced just over 60k miles (outside of warranty).
    We are extremely dissatisfied with Ford Vehicles and won’t be buying another one any time soon.

  6. Anonymous says:

    I own a 2005 FORD Explorer XLT AdvanceTrac RSC. My back tailgate has a crack going all the way down it right near the FORD emblem TOO! :-(

  7. Anonymous says:

    I had not heard of this issue before until I noticed the the crack appeared in my ’03 Explorer. Not all that crazy about leaving it the way it is but don’t want water seeping in either. Hoping some silicone will work until I get it fixed.

  8. Anonymous says:

    Count me in. This just happened to me a few weeks ago out of nowhere… I actually had to go right up to it and look, as I was in disbelief. First though out of my head was, “”are you f**king kidding me!!! The entire 2002 Exploder, oops Explorer, is defective. This thing has been in and out of the shop regularly over the past few years. I don’t know if there’s anything original on it anymore. After reading and reading and reading about peoples dissatisfaction and wrong doing by Ford not to take responsibility for their poor product, we need to make them accountable. So many dissatisfied customers and nothing is done. It’s truly bullsh!t!

  9. Anonymous says:

    My 04 Eddie Explorer just had the same crack happen, out of nowhere, for no reason, it just cracked. I was also told by the dealer that it was “my problem”, but informed me I should fix it soon or else the rear window may “blow out”? When I asked what he meant, he said that sometimes the rear glass would shatter after the crack appears. I can’t find a body shop where I live that will work on it and the plastic part is not available at any of the places I’ve searched.

  10. Anonymous says:

    I have noticed several Mountaineers and Explorers with this problem. The entire lift gate is problematic. We had a recall on the 2002 Mountaineer for a shattering window fix. The dealer rushed the fix and one and a half months later the window shattered as the recall said it might. We called the dealer, they said “Sorry we only honor our recall work for 30 days'”. We contacted Ford HQ, and they sided with the dealer. If Ford does a recall on this problem with cracking, will it also only be good for 30 days? Then we will all be in the same boat we are currently in. Currently looking at Honda CR-V as Ford has lost my business forever.

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