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. Ernest Boyd says:

    Ernest Boyd my 2003 EB ford Explorer top rear hatch cracked.My car alway garage kept.How do I join the lawsuit?

  2. Carol Weeks says:

    Tail gate cracked three weeks ago on 2004 explorer,called the ford dealer and was told they know all about this problem,but their hands are tied,ford will not do a recall.

  3. Jonelle says:

    How do we include ourselves/join in this class action suit?

  4. Stacy B says:

    My 2005 Explorer liftgate panel cracked last week after opening to get my ice scraper after a small snow event, I am suspecting because it was so cold that morning. The Ford dealership close by quoted me about $450, what a joke!!! I too like others in here had to rebuild the transmission, 2 wheel bearings, just last fall the harmonic balancer, and too many other parts to mention. I will not buy another Ford if this is how they manufacture and design their vehicles with no loyalty at all to their customers. This causes people financial difficulties in an already difficult time. If I can sell this and get anything reasonable for it, that is my next step. I am done with Ford!!!!!

  5. Paul Rozum says:

    I too have a 2004 Ford Explorer that has a crack along the side of the ford symbol on the tail gate. I cant believe that Ford has not recalled this defect. Everytime I drive and see a Ford that is similar in age I can almost guarantee that every single one has the same crack as I do. I too would like to join the lawsuit.
    Paul Rozum

  6. Jerry Cassiday says:

    I purchased my 2002 in 2001 , my tale gate developed the vertical crack in January 2013. Include me .

    Jerry Cassiday

  7. Deborah Coleman says:

    Had to scrape together the money to buy my 2003 Explorer six months ago and in three months BAM..cracked tailgate. I’m just sick about this and DO NOT have the money to have it repaired. HELP !!!

  8. Scott Kaczorowski says:

    Three weeks ago I noticed a hair line crack next to the Ford logo on the tailgate of my 2004 Ford Explorer. As of today the hairline crack is still there along with a larger crack next to it. On monday of this week the right hinge broke on the rear window and I am going to Ford to pick up the hinges so they can be replaced.I do not know if this is a normal defect or what the heck is going on with the tailgate.

    I have had two other exployers in my life and have taken them both to over 150,000 miles and I have never had a problem like this.

    The dealership has no idea what I am talking about and is stating that this defect is normal. Which leds me to believe that they know about the defect and do not want to fix the defect.

    I do not know if the two issues are linked to each other
    or separate ones. I do know that neither should be happening. If there is a law suit please include me.

  9. Elaine says:

    2003 Explorer – Couldn’t believe the crack. How do I participate in the lawsuit?

  10. Randy Ramistella says:

    How can I be added to the class action lawsuit.

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