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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
My Crack turned into a true bend today when my 9 yr old was shutting the tail-gate – the window exploded on her. Yeah – I’m seriously angry. I’m sure nothing will come of it however. Big company won’t pay to fix my car.
I have had my plastic replaced 2 times now, it has has cracked again,Also the hinges have been replaced to.The heavy glass door is way to much weight for the two, 5mm screws that attach the hinge to the glass.I think ford should stand by this problem and come up with a fix these issues.
Here in South Florida I thought I was seeing things when after seeing the crack on my 2004 Ford Explorer, every other Explorer/Expedition has one also. I need to join the band wagon and get this fixed ASAP! That is the only flaw, besides a CHECK ENGINE light that will not go out. Something needs to be done A S A P! Enuff said!
Happen to my 2004 ford explorer.Thought it was my kids until my husband started to see other fords with same crack. How can i join inlaw suit
I have same issue. Please inform on how to be a part of this action
Our 2005 has cracked the same way. Also, our lift gate hinge that holds he rear window has rotted due to the trapped water soaked lift gate and has broken off. The glass almost fell offf while driving home from the grocery store.
I have an 02 explorer that has this defect. I would like to join this lawsuit. Please send me info on how to do so.
Just looked at my 2004 Ford Explorer (Eddie bauer). noticed a hairline fracture next to the Ford emblem on the rear tailgate, it was not there yesterday. Decided to google for a fix and found this site. Please send me information on how to join the class action lawsuit. This is totally crazy very disappointed, just brought the vehicle in September (2012).
My panel cracked about 3 weeks ago and there’s nothing that can be done. It it too late to join the lawsuit? If not send me information on how to join. Thanks
2005 Aviator here. Tailgat cracked and the piece fell off this week. I am not happy. Nor is my Ford loyal husband.