Ford Explorer Cracked Tailgates Lead to Class Action Lawsuits

Dozens of SUV owners are suing Ford Motor Co., alleging it knew about a defect in Ford Explorer tailgates that cause them to crack. The Ford Explorer tailgate crack leads to a variety of problems, including shattered blacklite glass and cracks in the Ford applique that cause it to detach and fall off.

At least three class action lawsuits have been filed against Ford Motor Company over these problems. And it’s not just Ford Explorer cracked tailgates that are being targeted. The class action lawsuits allege that other Ford SUVs contain the tailgate defect, and that the automaker has refused to fix them. The allegedly defective vehicles are model year 2002 to 2005 Ford Explorers and Mercury Mountaineers and model year 2003 to 2005 Lincoln Aviators.

Ford Explorer Tailgate Cracks Pose Dangerous Problems

The tailgate is the door or gate at the back of a vehicle. In addition to the defect causing the tailgate to crack, a cracked tailgate poses further safety risks such as the window in the tailgate (known as the “backlite”) dropping out, potentially injuring bystanders, or shattering. The Ford Explorer tailgate cracks lower the value of the vehicle and could injure people who open the tailgate, according to the class action lawsuits.

The Ford tailgate class action lawsuits further claim that Ford breached its common law warranty obligations and unjustly enriched itself at the expense of consumers in various states. Plaintiffs contend that Ford knew as early as 2002 that the cracks were caused by moisture that built up behind the tailgates’ lower window panel due to a design or manufacturing flaw but the company continued to sell the cars through model year 2005 and purposefully kept the information from customers.

The continued sale and delivery of these Ford vehicles violated the various consumer protection laws of the United States and also constitutes common law fraud, breach of express warranty, and unjust enrichment, plaintiffs allege.

Ford Allegedly Did Nothing About Known Tailgate Defect

The Ford tailgate class action lawsuits claim that the tailgates of Ford Explorer, Lincoln Aviator and Mercury Mountaineer SUVs were made out of flawed materials and were assembled using deficient techniques. As a result, these tailgates were defective at the moment of sale and likely to exhibit a large, discernible crack to the tailgate panel to the plaintiffs and class members.

When customers brought the cars to dealerships for repair, Ford initially refused to cover them under their warranty, claiming the cracks were caused by a rock, snowball or other blunt force

Ford Tailgate Class Action Lawsuits Seek Remedy

The proposed class action lawsuits say Ford’s actions are unlawful business acts and practices under the California Business and Professions Code and violate the state Consumers Legal Remedies Act. The Ford cracked tailgate lawsuits also bring Magnuson-Moss Act, unjust enrichment and breach of express warranty claims, as well as claims under unfair competition laws for each of the 50 states and the District of Columbia. They are seeking injunctive and declaratory relief, restitution, actual and punitive damages, attorneys’ fees and costs, and repair under the express warranties.

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