Ford Facing Class Action Over Mercury Mountaineer Tailgate

Ford Motor Co. is facing multiple class action lawsuits pertaining to the tailgates in their SUVs, such as the Mercury Mountaineer, alleging that the automaker allegedly knew that the tailgates were prone to cracking but didn’t disclose the potential problem, and moreover refused to fix the SUV tailgate cracks.

These Ford tailgate lawsuits claim that the problem is caused by a design defect that enables moisture to collect behind the lower window panel of the tailgate.

RepairPal.com has a series of commentaries from frustrated 2002–2006 Mercury Mountaineer SUV owners, with 187 confirmed Ford tailgate complaint reports.

One 2005 Mercury Mountaineer owner says, “about a year and a half ago I noted that the plastic panel on the liftgate started to crack around the Mercury symbol. It developed into a full crack of the piece running top to bottom. I have also noted the same crack on several vehicles in town. I also noted that the newer models of Mountaineer don’t have this cover on their vehicles. So my thinking is that Mercury knows about the problem but isn’t willing to fix it.”

Another visitor to the site, a 2003 Mountaineer owner, commented, “I have been noticing this problem on the lift gates for several months now. I just thought it was from people slamming the hatch shut. That apparently isn’t the problem. … The weather has been really cold the last couple of nights. I am now wondering if this might contribute to the problem. Whatever the cause, Ford should take responsibility and fix the problem. Apparently it’s a manufacturing problem.”

SUV owners agree that Ford needs to address the issue. However, as the cracked panel is not a safety defect, the chance of a recall is small. As is the chance of compensation for many, as the Mercury Mountaineers affected are past their warranty dates.

The Ford tailgate class action lawsuit includes Ford owners in 25 states, and is based on consumer protection and deceptive trade practice claims. The warranty issue is off the table.

A Known Defect

The cars affected include not only the 2002-2006 Mercury Mountaineer, but also 2002-2005 Ford Explorers and 2003-2005 Lincoln Aviators. The tailgate cracks impact the Ford applique that cause it to detach and fall off, as well as cause potential safety issues for those opening and closing the tailgate.

The latest Ford lawsuits follow on a past history of the same problem. It is alleged that Ford knew about the cracked tailgate issue since 2002, but continued manufacturing, advertising and selling the vehicles without full disclosure.

As reported by Top Class Actions back in 2011, federal class action lawsuits alleged that Ford knew about the tailgate panels crack on its SUV vehicles, but “actively concealed the defect from consumers.”

The Ford tailgate class action lawsuits state that Ford violated its common law warranty obligations, unjustly enriching the company through use of faulty materials. Due to concealment of the defect, consumers had no way of knowing about the cracked tailgate problem before purchasing a Ford SUV. Now, those owners of cracked vehicles want to be compensated, saying they might not have purchased their SUV if they had known of the defect.

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