Ford Cracked Tailgate Class Action Lawsuit

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Ford Cracked Tailgate Class Action Lawsuit

8 Votes

Monday, 20 June 2011 08:56

Ford Cracked Tailgate Class Action Lawsuit

By Kimberly Mirando

A federal class action lawsuit claims that Ford Motor Company knew that the tailgate panels crack on its 2002-2005 Ford Explorers and Mercury Mountaineers, and its 2003-2005 Lincoln Aviators, but actively concealed the defect from consumers.

The Ford class action lawsuit claims the Cracked Tailgate Problem is caused by a design defect or manufacturing flaw that allows moisture to collect behind the lower window panel of the tailgate.

“Over time, and in varying weather conditions, the trapped water creates internal stress on the tailgate resulting in a large discernable crack to the panel, immediately devaluing the Ford Vehicle,” the class action lawsuit states. “In addition to the defect resulting in diminution of the vehicle’s inherent value, the Cracked Tailgate Problem also presents a safety hazard to anyone opening or closing the tailgate.”

The Ford cracked tailgate class action lawsuit alleges that Ford knew about the problem in early 2002, but continued to manufacture, advertise and sell the Ford vehicles without disclosing the Cracked Tailgate Problem to consumers or the public. It also allegedly continued to manufacture the Ford vehicles with the identical Cracked Tailgate defect through the 2005 model year.

“As a result of Ford’s fraudulent concealment of the defect, Plaintiffs and the Class had no knowledge of the Cracked Tailgate Problem prior to purchasing their Ford Vehicle(s). Ford has also systematically refused to repair the Cracked Tailgates, whether inside or outside the warranty period, fraudulently asserting…that any cracked tailgates on the defective vehicles were caused by a collision with an outside force, not an inherent design or manufacturing flaw in the tailgate itself.”

The Ford cracked tailgate class action lawsuit is brought on behalf of all U.S. residents who purchased, not for commercial resale or transfer, a 2002-2005 Ford Explorer and/or Mercury Mountaineer, or 2003-2005 Lincoln Aviator. It is seeking injunctive relief, declaratory relief, restitution, actual and punitive damages, and more.

A copy of the Ford Explorer, Mercury Mountaineer and Lincoln Aviator Cracked Tailgate Class Action Lawsuit can be read here.

The case is Sally J. Nettleton, et al. v. Ford Motor Company, et al., Case No. CV-11-2953, United States District Court, Northern District of California.

Updated June 20th, 2011

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58 Comments

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Bobby makes this comment

Friday, 24 June 2011

How do I get my name on this class action suit against Ford?
Bobby makes this comment

Friday, 24 June 2011

How do I get my name on this class action suit against Ford?
Melissa makes this comment

Wednesday, 20 July 2011

I would also like to participate in this.
Sheila makes this comment

Friday, 23 September 2011

My 2004 Explorer had this happen only a year or so after I purchased it new. How can I join this class action?
Kim makes this comment

Wednesday, 28 September 2011

My 2002 Moutaineer has the same problem. I'm guessing for every 5 Explorers or Moutaineers that I see on the road, at least 3 have the same problem. Obviously it's a design problem and Ford needs to take care of it!
Frank Paul Cangemi makes this comment

Wednesday, 26 October 2011

I respectfully would like to join this class action law suit. I too have the very same issue with the crack on the applique. 2002 Mercury Mountaineer. Please advise. Appreciated. Regards, Frank Paul Cangemi
Marc P makes this comment

Thursday, 10 November 2011

I would like to participate.
Melissa Beach makes this comment

Tuesday, 15 November 2011

I bought explorer and didn't have it 1 month and this crack appeared. Since then, I see them every time I leave my house...on explorers and mountaineers. I WANT IN ON THIS LAWSUIT!!! I want my nice shiny pretty explorer to NOT have an ugly crack down the hatch!!! Please let me know how to get in on this. FORD has been VERY VERY SLACK HERE!! melissa_cna05@yahoo.com
Kevin makes this comment

Wednesday, 30 November 2011

UGH! Just happened today. AND BS it happened because of impact. My car was in pristine condition and there is no way in hell I should have to pay money to ford for something they should be fixing for free. I WANT IN!
Trudy P makes this comment

Saturday, 03 December 2011

I too would like to participate in the class action lawsuit. Our local dealer quoted a replacement cost of well over $600 - dollars that we don't have. And of course it's not covered by car insurance.
CARLA ANDERSON makes this comment

Sunday, 04 December 2011

I purchased my 2003 Mountaineer brand new and I have the same problem with the tailgate, I want to be included also.
Rodney S makes this comment

Wednesday, 14 December 2011

Count me in on the class action!! Mine cracked last Friday.
Shawn D. makes this comment

Sunday, 18 December 2011

My fathers 05 Mountaineer and also my 06 Explorer have the same problem!!!
Kay G makes this comment

Friday, 23 December 2011

I need to be part of this My 2004 Ford Explorer did the same thing.
e miller makes this comment

Wednesday, 28 December 2011

i also would like to participate .... my 03 avaitor now has this crack!
mary makes this comment

Wednesday, 11 January 2012

I have this same problem on my 2002 Explorer. The crack showed up suddenly in about Feb 2010 on a very cold day. It was NOT caused by anything hitting it. I can't tell you how many times I've seen Ford SUVs since then, either while driving or in parking lots, that have that same type of crack issue. How can Ford NOT admit there is a problem!
Kenia O makes this comment

Thursday, 12 January 2012

My Ford Explorer was perfect until all of the sudden that crack appeared ...I WANT IN ON THE CLASS ACTION LAWSUIT!! I want my truck back the way it was ...WITHOUT THAT CRACK! Everyday I drive and see the same crack in the same place on every explorer I see... Ford has to pay for the repair
tony thrift makes this comment

Friday, 13 January 2012

where you do sign up for this lawsuit
William H makes this comment

Friday, 20 January 2012

I own a 2003 Explorer and the crack appeared about 3 months ago directly above and below the center of teh Ford emblem. I would hope the Class Action Suit would force Ford to pay for the repair.
Sara makes this comment

Friday, 20 January 2012

I would also like to get in on this lawsuit. I have a 2004 Explorer with this same problem. I was also told they had never seen this before. I started looking a the explorers in wal mart parking lot one day and everyone around my model were cracked!! Does anyone know how to be added to the lawsuit??
Jason makes this comment

Wednesday, 25 January 2012

I would like to participate in this class action suit. I have a 2004 Mountaineer which is on it's third (and cracked again) tailgate.
Rob Runkle makes this comment

Thursday, 26 January 2012

My 2003 Explorer planel is cracked also.
Trilby Pendergrass makes this comment

Thursday, 26 January 2012

2005 Lincoln Aviator......I am now on my 3rd liftgate crack. It now leaks.
Chris makes this comment

Wednesday, 01 February 2012

I emailed the lawyers representing this case in Mid 2011 to inquire about becoming a class member. Never received a response back. The problem with the tailgate is the adhesive used to hold the plastic applique panel to the back glass has no give in it. When it heats up or cools, it will not relieve any of the pressure and starts cracking. Over time this crack gets bigger and finally splits all the way through and cracks the paint. Another thing we all have to contend with is the broken hinges on the lift gate glass. Ford acknowledged the problem and will repair it free of charge on a 2002 Explorer/Mountaineer, but anything after that the customer has to pay for. My 2004's hinge broke while my wife was loading groceries and it fell on her head. I've heard of this happening and the glass shattering and causing injuries. Luckily my wife was OK and the glass did not shatter.
Chris makes this comment

Wednesday, 01 February 2012

Part 2: It took 2 gentleman who helped her a half hour to disconnect the now bent gas shock arm and hold the glass in one corner to shut the lift gate so she could drive the truck home.Check your lift gate hinges, if you see stress marks in the middle it means the pin in the cheap plastic hinge is about to burst through. Another issue that should also be recalled is the serious rust issue in the rear wheel wells of the 02-05 explorer. Ford put foam between the sheet metal and plastic panels that is supposed to deaden road noise in the rear area. Unfortunately, this foam holds water and causes the metal to rust from within. This is more of a concern in the rust belt states than anywhere else. When I called ford to register my "Concerns with the above 3 issues, I was told this is the first time they have heard of this and will certainly record my concerns. First time they heard of this? Certainly not. More like the 10,000th time. Good luck to us all.
Margaret makes this comment

Thursday, 09 February 2012

Have a 2004 Explorer, tailgate completely cracked down the middle 2 weeks ago. Was told it would cost over $500 to repair. I've heard there's incompatibility issue with windshield washer solvent and the paint/plastic/epoxy compound on the tailgate. I'm wondering what good is it to replace if same thing happens again. Comment from Trilby above seems to confirm this problem.
Lisa makes this comment

Thursday, 09 February 2012

How can i get in on this? I have a 2005 Explorer and it has the cracked down the middle. I purposely look at the hatch, when i think about it and i'd probably say, i've seen around 5 in the last month. This is a defect. I don't care if they knew or not, reality is, IT'S A PROBLEM and they need to recall & fix this problem. I have had 2 Ford trucks, 2 Ford cars and 1 suv. I won't purchase another Ford.
Craig Hall makes this comment

Monday, 13 February 2012

I want in on this class action lawsuit. My 2005 Ford explorer has this problem,
George C makes this comment

Monday, 13 February 2012

My 2005 Explorer has two cracks that get wider in cool weather. I was a loyal Ford customer since 1985. I just purchased my first Japanese SUV this year. I will never purchase another car or truck from FORD. They do not take responaibility for their mistakes. We wonder why our auto manufactures are loosing their share of the market.
Dionne makes this comment

Tuesday, 14 February 2012

My husband came home from work and asked me what happened to my 2003 Mountaineer? I walked outside too see a large crack on the tailgate. i assumed it was from the weather ( since it is Feb.). My husband told me that the car is to new for that type of thing to happen to it, so we went on a " Web hunt" and found this site and learned about Class Action Lawsuits. I love my Ford and just want the crack fixed, i would hate for something seriously to happen like my back window breaking.
Flash Buddy makes this comment

Wednesday, 15 February 2012

Add your crack to my growing collection: http://www.facebook.com/pages/Ford-Explorer-Lift-Gate-Cracks/196588340383724?sk=wall&filter=1
julie makes this comment

Tuesday, 21 February 2012

I want in on this.My 2004 Lincoln Aviator has that huge crack in it.The hinges are ready the brake and the lift glass will not shut all the way.
Chad in Virginia makes this comment

Sunday, 26 February 2012

My 2004 Mercury Mountaineer has this same crack....if it is a design flaw Ford should be held responsible. No doubt this will be an issue if I decide to trade or sell this vehicle.
Floyd makes this comment

Tuesday, 06 March 2012

My 2003 Explorer developed the Ford signature crack last night, 03/05/12. The vehicle has been parked for over a month now since the engine self-destructed with just 53000k miles on it. The crack was definitely not caused by impact, and I have seen too many others for this to be other than faulty design. Count me in.
Paula makes this comment

Thursday, 08 March 2012

I have a 2005 Lincoln Aviator that now has several cracks on the tailgate panel. How do I get in on this lawsuit? The problem starts as one crack, but will tell you that is does get worse. Please help.
Jeffrey makes this comment

Sunday, 25 March 2012

Yes, I want in too. Can anyone give me information in how to participate? I have a 2004 Mercury Mountaineer that has a wide crack on the liftgate panel. Unsightly!
Nelle Booth makes this comment

Saturday, 31 March 2012

I purchased a new 2004 Ford Explorer. The first issue I had was with the leather on the 2 front seats cracking with less than 10,000 miles on the vehicle. The leather was replaced not once but twice for the same problem. Then with less than 70,000 miles I had to have the shift solenoid replaced because the vehicle lurched and shifted very hard between 2nd and 3rd gear. In less than a year I had to have the complete transmission rebuilt. Now I have a crack in the tailgate panel on the vehicle. Needless to say I will not be buying another Explorer which I truly enjoyed driving, and doubt that I will purchase another Ford product because of these issues and Ford Motor Company refusing to take responsibility for these issues.
JoAnn makes this comment

Thursday, 05 April 2012

Add my name to the list.Mine cracked yesterday 4/4/12 how do we get our names added to the list of people that have this problem
Dwelch makes this comment

Monday, 09 April 2012

2002 explorer has crack.... FORD REPLACED IN 05 Free....stated manufacture defect.... Again in 06 but charged me $50.... Has now happened again and want almost $500. I call about every other week or so and bug the dealership about it. I think starting to irritate them. Would love to take there again and get results. I want in, please help me.
kristie makes this comment

Monday, 09 April 2012

I have same issue with 2003 mountaineer I would like to also be included.
Lisa makes this comment

Tuesday, 10 April 2012

I just discovered the same crack in my 2004 model! One day it wasn't there, the next day it was! Very strange. I also would like in on this lawsuit. (unless, of course they fix it for free)
Tracy makes this comment

Friday, 13 April 2012

I have had the rear hatch replaced 4 times. 2 times under warranty and 1 time Ford replaced, and again under the 1 year warranty. It is now pealing from both sides of the hatch and rattles and is very noisy. This will be a problem with the resale value of this car. I see these cracks all over the Fords and Mercury Mountaineers. This hatch only last for about 12,000 miles and then cracks.
Paul makes this comment

Thursday, 19 April 2012

My girlfriend and her mother have matching 2003 Lincoln Aviators--and matching, well, by the posts herein, you know. I spoke with Ford customer service. Disturbingly, I was informed my call was "the first" they've heard on the tailgate issue. I further spoke with the dealership who "repaired" one of the vehicles in 2008. The crack returned less than a year later. Oh, each vehicle also has defective tailgate glass hinges. My brother owns a Ford F-150. It took years for Ford to finally step-up to the plate to correct a gas tank strap issue. Yes, gas tank issue. Ford's new motto should be: "Ford. We go out of our way *not* to go out of our way."
shannon makes this comment

Friday, 20 April 2012

have two and both have cracks. ford dealership says they "aren't familiar" with this problem, which is funny because as i drove around to look at the used cars there was one there with a damn crack in it. it gets better. another one AT THE SAME DEALERSHIP in the collision repair center with a crack waiting to get fixed! sign me up! i am sick of being lied to!!!!
Gene makes this comment

Monday, 23 April 2012

I had a 2002 Ford Explorer on which the rear panel under the window cracked when very new. Ford relaced and repainted it. A few months later it cracked again, and Ford refused to fix it. Rather than paying over $300 to replace and repaint it, I had a custom heavy black "Flame" plastic decal glued over the crack with a cutout for the Ford emlem. This disguised the crack ok. I have since given this vehicle to my granddaughter.
John makes this comment

Tuesday, 24 April 2012

Count me in on the lawsuit, my '05 Explorer developed the crack in Jan. of 2012.
Jaida Davis makes this comment

Tuesday, 24 April 2012

My 2005 Exploerer has the same crak all the way down..I to want to join the lawsuit
Jaida Davis makes this comment

Tuesday, 24 April 2012

I would like to be included aslo for my 2005 explorer
Pat Brittingham makes this comment

Tuesday, 24 April 2012

After having discovered that the so many Hatch Finish Assys' have broken that none are available in salvage yards; I was searching the net for a 2002 Explorer Hatch Finish Assy when I saw this item. How does one become a litigant in this case?
Diana makes this comment

Wednesday, 25 April 2012

I have a 2003 Ford Explorer and the crack appeared one day after sitting in my driveway over the weekend a year after it was purchased. Ford has repeatedly told me this crack was caused by someone running into my truck...even though there are no other stress marks, just the crack. Anyone can look at the crack to know it happened through a manufacturing malfunction and not from someone hitting my truck! I want to be part of the suit....but will we end up with just a few dollars each or a new piece?
Jim makes this comment

Wednesday, 25 April 2012

please include me in this suit. 2005 explorer limited. Just Cracked right side of logo above & below. MFG Defect YES
Nancy from IL makes this comment

Friday, 27 April 2012

Include me too. I have a 2004 explorer. Very disappointed in this. So many people having problems and they don't care. Would never buy a Ford again.
Raun Dixon makes this comment

Friday, 27 April 2012

Please add my name to the list.
Mark Doering makes this comment

Friday, 27 April 2012

I have a 2004 Ford Exploder. Same problem with the cracked applique. I would als like more information on the class action lawsuit and how to join. Ford Motor Company Corporate Headquarters told me it was my problem. Let's make it their problem.
Pamela Whitaker-Gray makes this comment

Tuesday, 08 May 2012

My 2005 Lincoln Aviator has a significant crack above the window opening panel. I can not use the window opening as it will not shut properly. I must lift the entire gate if I want to access the rear of my vehicle. I have less than 60,000 miles on my vehicle and find it distrubing that the dealerships did not make this problem known to the consumer.
Julie R makes this comment

Tuesday, 08 May 2012

I want to be included in this lawsuit. I was also told by Ford that this was the first time they had heard of the defect.
Dani makes this comment

Tuesday, 15 May 2012

Please place my name on the list! I have a 2002 Mercury Mountaineer that has the same crack. After a while my entire back latch, lift gate, and inner panel fell apart completely and hit me in the process!!
Scott makes this comment

Wednesday, 16 May 2012

My 2004 Mercury Mountaineer lift-gate window just FELL OFF yesterday while on the road and has caused damage. I spoke to Ford and they said they will not do anything because there is not an official recall. However upon a quick Web search, I do see that there are recalls for this issue for model years immediately preceding 2004. Does someone have to get BADLY INJURED before Ford Motor Company will actually do something about this issue?

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