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. l ford says:

    contact http://www.frankandbianco.com for class action information.

  2. Christi says:

    I took my 04 mountaineer when it was still under warranty when the crack first appeared. Was told by the Service Tech that it was because I was closing my lift gate by pushing in the middle and not the “correct” way. I needed to close it by putting both hands toward each end of the vehicle. I have owned this vehicle for 10 years and have had very few issues. But seriously, this is ridiculous and should have been taken care of not only under the original warranty when it happen, but the extended warranty that I purchased. My vehicle has always been well taken care of and garage kept. What a load of horse hockey…I don’t know how to close the lift gate right.

  3. Andrew Lewis says:

    I own a 2003 eddie bauer edition with the same crack everyone is describing. My wife and I have decided to not by another ford product until this issue is resolved! Please include me is this lawsuit. Thank you

  4. M. Picard says:

    I have a 2005 Ford Explorer Eddie Bauer Edition which also has a cracked panel along the right side of the Ford logo. Now fearing that the glass panel will shatter as apparently the glass window is to heavy for the plastic panel to support. I am going to be aggressive with finding a way to get this publicly noticed & addressed within the media. Ford needs to be addressed in the public eye where they can’t crawl away and sweep the problem under the rug. Want in on this class action lawsuit.

  5. Dante Coccia says:

    My 2004 has the same crack, any info on the recall/lawsuit would be appreciated.

  6. Bill tassey says:

    2003 ford explorer cracked down middle of rear panel. add me to lawsuit

  7. Anonymous says:

    we have a 2004 explorer and we had the crack fixed the first time, and now it has cracked again in the same place were we had it fixed. we were told that ford wouldn’t pay for it.we are not paying for the crack to be fixed a 2nd time. If its a defect and ford knew about then they need to handle it by paying to get it corrected. I have been driving fords for a long time and never had this problem with any of my fords. something needs to be done to fix the crack before it causes more problems.

  8. mark deming says:

    I own a 2005 explorer, I to have a big crack in back panel, I think ford knows somebody in the crooked town called washington,they will never be recalled, ford doesn’t care, they have your money, and have lawyers to fight, giving you a dime.i also won’t buy another ford, not that they care. Have to buy foreigh cars, don’ t you hate to say that, but thats the only way to go

  9. Kathy Wiersgalla says:

    I own a 2002 Mercury Mountaineer and my hatch around the emblem is cracked. I had this problem fixed once before and this time it has cracked even more. I’m very dissappointed with this. I feel that it should be fixed by the company. Obviously it is a defect when this is the second time this has happened.

  10. Doug P. says:

    I have had a 2003 Ford Explorer with a cracked liftgate for about seven years after moving from Los Angeles to Pittsburgh. Does anyone know the status of this class action? I can’t find any information other than the actual class action filing a few years ago.

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