Class action lawsuit for cracked tailgate filed. 02-05 | Page 2 | Ford Explorer Forums - Serious Explorations

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Class action lawsuit for cracked tailgate filed. 02-05

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.

Me, like most, just don't want to pay however much it is to repair it. :rolleyes: I'd rather have something replaced for free :D If mine cracked right now, I probably wouldn't replace it...that is unless its free
 



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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. :p:

I'll avoid jumping on your recently-vacated soapbox; however, I agree that the I expect everything for my dollar and everybody else can go to the back of the bus mentality is a bad joke.

We are the very society that both demands perfection for pocket change with our purchases while expecting every entitlement (<40hr work weeks with generous benefits) and no personal responsibility for ourselves and total accountability for everybody else.

My daily driver is a C6 Corvette, and I am chagrined by the whiners on one Corvette board who complain about the sound system and the interior materials - one might assume that these folks actually sat in a C6 and listened to the sound system prior to plunking down 60-100K for a car. Geez.

Re: the Explorer - you get what you pay for - just like disposable appliances that you buy that maybe last 5 years if you're lucky, that were made overseas due to our demanding price shopping. Forget whining about Walmart - we created it by 'voting with our dollars'. I'm not defending the Explorer or Ford, just saying that they are what you get for the dollar.
 






My tailgate piece cracked about 2 months ago. Right dab in the center.
 






Im of the opinion too that I don't expect Ford to fix this.
Would I like them too?? Damn right!

But its not really a safety issue. Compare it to failing brakes or sticking throttles and its nothing

I have not called Ford to complain, Ive not even looked at the links for the lawsuit above...

But If I here that Ford does decide to do something about Id be in the truck driving right away
 






yeah, I wouldnt have filed a lawsuit... unless I had so much spare time and money that I wouldnt actually own an ex in the first place.

Anyway, my '90 ranger has been rock solid.
 






Mine broke last winter after a ice storm. All this time I thought that someone slipped on the ice and used the back of the truck to catch themselves and it broke cause it got hit while cold, now I know that broke cause it was cold. Cheap azz plastic!
 






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


While I dont agree that ford should be sued over a crack in a piece of plastic.
YES, a doctor HAS to have millions in malpractice insurance! They have people lives in there hands and they can screw up.

My wife went in for an emergency C-section almost a year ago. They F'ed and left a piece of gauze in her abdomen. She was in severe pain for 4 days before they realized what they did. They did a second surgery within 1 week to remove the gauze. THEY ARE STILL SENDING BILLS FOR THE SECOND SURGERY! To this day, 11 and a half months later, she is still has pains and complications from it. The doctor told me that if she hadnt gone in for surgery within 24 hours, she would have died from septic shock.

SO, yes, a lawsuit is on its way.

So get off your soapbox, cause it may happen to you.
 






While I dont agree that ford should be sued over a crack in a piece of plastic.
YES, a doctor HAS to have millions in malpractice insurance! They have people lives in there hands and they can screw up.

My wife went in for an emergency C-section almost a year ago. They F'ed and left a piece of gauze in her abdomen. She was in severe pain for 4 days before they realized what they did. They did a second surgery within 1 week to remove the gauze. THEY ARE STILL SENDING BILLS FOR THE SECOND SURGERY! To this day, 11 and a half months later, she is still has pains and complications from it. The doctor told me that if she hadnt gone in for surgery within 24 hours, she would have died from septic shock.

SO, yes, a lawsuit is on its way.

So get off your soapbox, cause it may happen to you.

I am very sorry to hear about your wife. I hope she is doing well. I wasn't trying to say that all malpractice suits are phony. Certainly yours is not. The point I was trying to make was about phony law suits driving up the cost. I'm sorry if I offended you. No harm intended.
 






While I dont agree that ford should be sued over a crack in a piece of plastic.
YES, a doctor HAS to have millions in malpractice insurance! They have people lives in there hands and they can screw up.

My wife went in for an emergency C-section almost a year ago. They F'ed and left a piece of gauze in her abdomen. She was in severe pain for 4 days before they realized what they did. They did a second surgery within 1 week to remove the gauze. THEY ARE STILL SENDING BILLS FOR THE SECOND SURGERY! To this day, 11 and a half months later, she is still has pains and complications from it. The doctor told me that if she hadnt gone in for surgery within 24 hours, she would have died from septic shock.

SO, yes, a lawsuit is on its way.

So get off your soapbox, cause it may happen to you.

That is an awful story, prayers to your wife. I hope she has a complete recovery.

Unfortunately in the world of medicine, there is no "money back guarantee", therefore, the bills keep coming. Been there, done that, have the tattoo/merit badge/shoulder patch.

However, there is no comparison between a cracked piece of plastic trim and jeopardizing the health of a loved one. Not all 'insults" rate a lawsuit - far too many attorneys driving up costs for no reason other to drum up business through sensationalism, creation and feeding of a entitlement and victim mentality, and driving up the cost of goods and services.

I really hope it all turns out well for her and your family.
 






I am very sorry to hear about your wife. I hope she is doing well. I wasn't trying to say that all malpractice suits are phony. Certainly yours is not. The point I was trying to make was about phony law suits driving up the cost. I'm sorry if I offended you. No harm intended.

No offense taken. I am and always will be 100% against BS lawsuits too. My wife is doing OK, not perfect. My biggest gripe is that the hospital wants us to pay for the 2nd surgery, where they went in to remove THEIR gauze that THEY left in her. They sent bills to our insurance company and to us. F them!

I broke my arm years ago, while I was in school. It was my own fault, I was doing something I shouldnt have. My parents (I was only 11) never even thought about a lawsuit. It was my fault. If I hadnt broken my arm, I prob would have gotten an a$$ woopin' for doing something stupid. In this day and age, parents would see dollar signs.
 






No offense taken. I am and always will be 100% against BS lawsuits too. My wife is doing OK, not perfect. My biggest gripe is that the hospital wants us to pay for the 2nd surgery, where they went in to remove THEIR gauze that THEY left in her. They sent bills to our insurance company and to us. F them!

I broke my arm years ago, while I was in school. It was my own fault, I was doing something I shouldnt have. My parents (I was only 11) never even thought about a lawsuit. It was my fault. If I hadnt broken my arm, I prob would have gotten an a$$ woopin' for doing something stupid. In this day and age, parents would see dollar signs.

I know what you mean. I'm glad you're not mad too. :salute:
 






Kinda funny how the cracked plastic thing went to a lawsuit but the broken rear spring thing hasn't. I would figure the spring thing is more of a safety issue than a cracked piece of plastic.
 






well... my wife's Monty (2004) has been thru 3 already & #4 is now cracked.

#1 cracked at 60 miles on the odometer, at the dealer, when the technician closed the gate after cleaning the inside glass.

#2 cracked on the highway & the glass shattered going over a bump with (3) kids in the 3rd row seat. YES safety issue if you USe your SUv as intended.

#3 cracked 2 days after getting truck back from collision repairs after getting rear ended.

#4 (on the truck now) is cracked, has been for 6 months now.

I joined both of the suits I found. I'll wait it out.

Recall = major safety/functional hazard. Class action Suits usually stem from someone who is getting jerked around enough by a dealer or manufacturer, that they are fed up and its a point of principle at that point. #4 will/would be the 1st one for us where out of pocket is a factor. But for me its principle.

I am a loyal Ford owner. I've only owned 1 non Ford product my entire life (43 in march ) & I have owned upwards of 30 vehicles.

Design flaws happen, especially 1st year of a new model/complete redesign of an existing platform.

Rob
 






i know some of you are laughing and think the odds of a piece of a plastic tailgate flying off and killing a motorcyclist or causing an accident are a million to one are a million to one but its not, i know first hand. my friend owns an 03 aviator and a piece of plastic flew off his tailgate and hit my other friend who was following him in his impala both moving about 50 mph, well my buddy in his impala saw it coming at him, ducked out of instinct and rear ended my friend in the aviator who was stopping for a red light. Story short my buddy's impala is totaled, two friends and insurance companies are in a dispute over who is responsible, and the kid with the impala as of now is going to have to pay 1500 out of pocket for the aviators repairs not counting his own car he cant drive at the moment. yea, so this is no joke and if you think I'm lying ill try to get pictures of the damage. my friends are going to love it when i show them this article.
 






Mine isn't cracked but it's coming off... I was thinking of gluing it back down.
 






These are cracking because of the adhesive they use. It doesn't allow the plastic to flex with the temperature change. Mine cracked about a year ago and I am not in a hurry to replace it because of the cost. I do not feel it is something Ford should pay for it even though you think they would've figured it out within the 4 years they built the 3rd gen. For those who haven't had theirs crack I would recommend they carefully take if off and reattach it with a silicone adhesive which will allow for flexing.
 






Sure, why not. Ford should be held accountable for putting out a product with an obvious flaw in it, anything that breaks as much as this plastic is a design flaw, not wear and tear.

For those opposed, I see your point, but I expect when I purchase something, that something as obvious as this flaw is corrected. I work my rear off to pay for this car, I expect some simple quality such as a piece of the body not cracking in two. Now people are out money because of Ford's quality control problem on this item.

I rather have a class action on the transmission, because no transmission on any car should go out as much as with these explorers in such a short amount of time.
 






I don't think these 3rd gens were built with the best quality. I don't think until mid 4th generation did quality start to pick up. I think ford can build a good transmission and engine, but they seem to screw up on ONE thing. Like the 4.0L SOHC, good engine, but the timing chain tensioner sucks.

I do not feel it is something Ford should pay for it even though you think they would've figured it out within the 4 years they built the 3rd gen.
I agree and disagree on ford paying. The main point should be this was a design flaw and not wear and tear, probably done so it would be cheap (the adhesive). I agree that ford should've figured this out, but like many other things on the 3rd gens, they didn't figure it out.
 






my '04 is not cracked; i would agree there is a potential for injury but how many have flown off? With the crack is there really any danger if still attached?

I hate to say it but the lawyer who files the case is the one who is going to make out regardless of what happens, the owners with the problem not so much if anything. But the lawyer has more of a case if he get more owners to file a complaint.

Update: It finally cracked. 90k on the clock, temps in the 90's . . .I knew i shouldn't have posted or said anything. . . . :fire:
 



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