Ford Design Defect Class Action Lawsuit Alleging Carbon Monoxide Exposure Filed

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Newark, NJ: Ford Motor Co, is facing a class-action lawsuit alleging a design defect in certain Ford Explorer, Ford Edge and Lincoln MKX models that allows carbon monoxide to enter the passenger compartment. The suit covers 2011-2015 Ford Explorers as well as Edge and MKX models from 2011-2013 with 3.5L and 3.7L TIVCT engines.

The suit was filed on behalf of New Jersey owners or lessors of the vehicles in question. The complaint also proposes a subclass of consumers with claims under New Jersey's Lemon Law for claimants who reported the defect to Ford in the first two years or 24 months of ownership.

According to the complaint, Ford has known of the defect since 2012 but has not warned owners to get it fixed. While Ford has issued two technical safety bulletins to dealers about the problem it has never notified owners despite the related safety hazard. Ford has attempted to fix the problem on customers' vehicles with a variety of remedies but none have proved effective, according to the complaint.

"Given that the defect renders driving the subject vehicles a health hazard that is potentially deadly, the vehicles are valueless," the suit states.

The lawsuit alleges breach of implied and express warranty, violation of the New Jersey Consumer Fraud Act, of the Magnuson-Moss Warranty Act, and of the New Jersey Motor Vehicle Warrant Act, also known as the Lemon Law.

Plaintiffs are represented by DLA Piper in Philadelphia.

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Reader Comments

Posted by

I have a 2005 f350 with a 6.0 diesel engine and I would become extremely tired while driving. Nodded out a couple times. I kept telling service department about smelling something and about falling asleep they just looked at me like I was crazy. I then took it to a different Ford service and they found something broken something to do with air conditioner that cause carbon to come in through vents. They replaced airconditior guess I was lucky.

Posted by

Can someone contact me about this.
I lease a 2013 Ford Explorer XLT MODEL.

Posted by

I also have had this problem and it is ongoing. I own a 2013 Ford Edge Limited. I've just been denied a claim I filed with Ford to fix the exhaust problem. I also have Ford's Premium Warranty, which won't cover it either. The Managers at the service department agree with me that it needs to be fixed at Ford's expense but so far they have their hands tied as well. I'm still not sure how Ford deems breathing carbon monoxide as NOT a safety hazard but I beg to differ. I have had so many unexplained headaches that I have finally narrowed down to my drive time. I drive a lot. I have no idea what the long term health effects will be down the road for "smoking" carbon monoxide but it can't be good. I have an 8 year old daughter that it is affecting also. If you need to add someone to your list on the lawsuit, please add mine. I have all my complaints on records as well.

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