Class action lawsuit for cracked tailgate filed. 02-05

[XT]

Somebody finally pulled the trigger on this...

http://classactionlawsuitsinthenews...rear-tailgate-class-action-lawsuit-complaint/

and

http://www.facebook.com/topclassactions/posts/180517755311939

My tailgate is cracked as well. The rest of the vehicle is perfect.

 

[rocco123]

This is just cosmetic (not to say it's not widespread), but the broken rear springs should be considered a safety issue to be recalled.

 

[IZwack]

Yeah how can a cosmetic body panel "allegedly result in a safety risk"?

 

[cybergasm]

So it is not a Safety Risk if that piece came flying off on the Highway and struck oh say a Motorcyclist ?

 

[IZwack]

So it is not a Safety Risk if that piece came flying off on the Highway and struck oh say a Motorcyclist ?

Key word: "if". Of course I could be wrong, but I don't recall reading threads on EF where the panel has come off after the crack appeared. I could take a plasma cutter and cut body panels in half right down the middle but the chances of them coming off is probably insignificant because both halves are still fastened onto the rest of the body.

 

[Curtis]

Mine cracked recently, I called the dealer to see how much one was - $160
Anyway, the parts guy said he has a Mountaineer and it too has cracked, and half of his came off in a car wash. So its reasonable to assume part could come off in highway speeds although unlikely.

$160 for the piece
A buddy of mine will paint for $50 (supplies included)
And a glass guy to put it on was $70.
$280 is not cheap
My X is black, so the crack is not that visible.. I'll live with it until I manage to find a used one.

I even though about getting the hatch off an 06, but the JY wants $700 for a dressed hatch.

 

[swetrid]

I laugh how everybody wants everything for free in todays society. People think cars never have any problems and then as soon as something goes wrong it should be a recall.

 

[nooberiffic]

It's not free. I think you should be able to expect that a massive crack wont appear in the tailgate door from normal use after a year or two. Thats called a manufacturing or design defect. Now, if they were suing because the wheel bearings were becoming worn after 100,000 miles. Or if you never changed your oil and spun a bearing. Or they touched the exhaust manifold after driving 500 miles and burned themselves, that would be ridiculous.

 

[F15E_WSO]

Here's how...

Yeah how can a cosmetic pody panel "allegedly result in a safety risk"?

The moisture entering the crack interferes with the operation of the rear wiper and my visibility is impaired! Oh the horror!

Mine cracked when i was washing the car in the winter, the car was parked with the sun directly on it, surface warms up nicely on this sunny winter day. I wet the car with the cold hose and the rapid contraction of the plastic causes the crack to appear. I'm sure if the panel were removed we would all see the vertical crack running right up one of the "ribs" inside the vinyl/plastic panel.

 

[Hartman]

It is not a safety risk, but is something that should be taken care of by Ford.

 

[jakedrew]

I still think that some people are slamming it shut too hard.

 

[NHarris]

Mine hasn't cracked yet. It has sat outside in negative temperatures then the sun warms it up, and no crack. I think its something ford should pay for since its not the owners fault the panel cracked. I don't feel obligated to pay for something that is not my fault. I am all for ford replacing these. Best solution for us, offer the 4th gen hatch at a free or really discounted price.

 

[F15E_WSO]

Mine hasn't cracked yet. It has sat outside in negative temperatures then the sun warms it up, and no crack. I think its something ford should pay for since its not the owners fault the panel cracked. I don't feel obligated to pay for something that is not my fault. I am all for ford replacing these. Best solution for us, offer the 4th gen hatch at a free or really discounted price.

I think it is a RAPID change in temperature will cause the splitting. Mine went from warm (in the sun) to cold (hit with cold water in the winter time) and the rapid contraction caused the vertical seam to split.

 

[EasyRhino]

I laugh how everybody wants everything for free in todays society. People think cars never have any problems and then as soon as something goes wrong it should be a recall.

Thank you.

Unless folks are willing to pay 4X what we are paying now for our disposable cars, it is unrealistic to expect, much less demand, perfection.

While my Ex is not perfect, neither have any of the 3 dozen or so vehicles I have owned. I suppose that I could claim a 'major safety defect jeopardizing my life and limb' could result from a couple of niggling bits of plastic that fell off of my Volvo dashboard (of course that car is 13 years old).

 

[NHarris]

I think it is a RAPID change in temperature will cause the splitting. Mine went from warm (in the sun) to cold (hit with cold water in the winter time) and the rapid contraction caused the vertical seam to split.

Sounds like something I want to try and find out the results.




KIDDING! :


Good point. I just don't get why some seem to crack and others don't. I guess I'll be thankful that mine hasn't cracked...yet

 

[nooberiffic]

really? My sister has a 1991 toyota camry with 250,000 miles on it. Been halfway maintained. Not a thing wrong with it, some peeling paint, that about it. No one was asking for a car that ran for 500,000 miles with no maintenance, and for the body to last for 20 years in pristine condition. But I don't see what that has to do with the defect in question.

But when a vehicle has a known defect, where something just breaks, that shouldn't break, and has no reason too. Then its a bad design or a manufacturing defect.
The comparison between some dash trim breaking after 13 years, and a body panel splitting almost in half after a couple (it started happening soon after that model year came out), is pretty weak. If your you closed the trunk on your volvo six months after you bought it new, and a two foot split appeared, then thats the same thing.

 

[IZwack]

I agree that it's a defect and that Ford should offer to fix it. But man, I myself wouldn't have filed a law suit over it. I mean is it really that important? Don't we have enough things going on in our day to day lives?

 

[rocco123]

And I still think the springs should have been recalled. BTW, yea.. my panel cracked & I had it replaced when I bought it.

 

[4dlover]

well i think its a sad day when the american auto workers in this case ford designers dont take responsibility for their material and or design flaws especially when a new explorer is at the dealer right now and they are going for 50k !!!! now dont get me wrong i love fords and would never drive another brand of car truck or van if given the choice but it sure would make me want to spend that 50k a little more if they would take care of this little issue they can afordit!!!!! 02 ford explorer xlt stock for now

 

[BigRondo]

I agree that it's a defect and that Ford should offer to fix it. But man, I myself wouldn't have filed a law suit over it. I mean is it really that important? Don't we have enough things going on in our day to day lives?

Thank you for some freakin sanity!! Mine is cracked also but I'm not whining to some lawyer about it. While I agree that Ford should offer to fix it, they didn't. So you know what we do? We pick up and move on. Did you really think your Ex was going to worry/trouble free forever? I am so sick of this "we didn't get our way so we gotta sue somebody" society. All the freakin lawsuits are the reason why everything cost so much nowadays. The doctor has to have millions of dollars worth malpractice insurance, McDonald's had to get rid of the super size meal, Ford has to pay to fix someones crack, cigarette manufacturers have to pay billions because cigarettes cause cancer, etc. Everyone complains about how much stuff costs. Well it's because of all the freakin lawsuits. You wonder why the new Ex costs $50 large. Well, among other things, it's because Ford has to have some $ stowed away in it's coffers for the inevitable law suit that sits over the horizon.

I'm out of breath. I will get off my soapbox now. :