11/22/24 | Court Grants Relief from Judgment
On Nov. 22, 2024, Honorable Shalina D. Kumar of the U.S. District Court for the Eastern District of Michigan reopened the class-action lawsuit against Ford Motor Co.
The court reviewed an April 2024 letter from the National Highway Traffic Safety Administration (NHTSA), in which NHTSA outlined its concerns about the same defect that is at the center of the plaintiffs’ claims and problems with Ford’s recall. In the letter, NHTSA stated it “has identified significant safety concerns regarding the recall’s remedy program,” and “believes that the remedy program does not address the root cause of the issue.” Download NHTSA's letter »
Judge Kumar found that, had this information been available prior to Ford’s motion to dismiss, the court would have allowed the case to move forward.
Hagens Berman thanks Judge Kumar for her thorough review of NHTSA’s findings and looks forward to proceeding with the case.” Download the order »
Own a 2020-23 Ford Escape or 2021-23 Ford Bronco with a 1.5-liter engine? A dangerous fuel injector defect means your vehicle could spontaneously catch fire. You may be entitled to reimbursement. Fill out the form to find out your rights »
WHAT’S THE ISSUE?
At least 521,000 Ford vehicles are at risk for spontaneous fires due to a serious defect which can lead to fuel accumulating on top of the exhaust system, where it can easily ignite. The automaker has yet to definitely establish an underlying cause for this defect, and its proposed fixes are shoddy stopgaps that may leave consumers in doubt as to the safety of their vehicles.
WHAT MODELS ARE AFFECTED?
The following Ford vehicles with 1.5-liter engines have been identified as at risk for spontaneously catching fire:
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2020-23 Ford Escape
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2021-23 Ford Bronco
FUEL INJECTOR DEFECT EXPLAINED
According to a recall report filed with the National Highway Traffic Safety Administration in November 2022, the fuel injector in 521,778 vehicles is prone to cracking, which can result in fuel and fuel vapor leaking and sparking fires under the hood. The report states that fuel can leak at an alarming rate of up to 19 liters per hour, putting vehicle operators, passengers and other drivers at risk of serious injury.
FORD’S INADEQUATE RESPONSE
The automaker filed its recall report in November 2022, after 20 under-the-hood fires broke out, but has yet to identify the root cause of this dangerous defect. Additionally, Ford’s suggested solutions are woefully deficient; they propose installing engine control software designed to detect the presence of a fuel leak, and a drainage tube intended to direct any leaked fuel onto the ground below the vehicle, where it will continue to pose a fire risk.
VEHICLE OWNERS’ RIGHTS
Ford already faces several active lawsuits related to fire risks in their vehicles, and Hagens Berman has a stellar record litigating cases against the automotive giant; in 2019, the firm secured a $17 million settlement against Ford on behalf of owners of MyFord Touch-equipped vehicles. We believe vehicle owners deserve safety and peace of mind, and Ford should be held accountable for putting drivers at risk for serious injury or death.
HOW CAN A CLASS ACTION LAWSUIT HELP?
Through a class-action lawsuit, individual consumers can collectively bring claims against large corporations who would otherwise have the upper hand, like Ford. A class-action lawsuit seeks to level the playing field, bringing strength to collective action to change corrupt practices and negligent responses to customers. Though these measures do not bring immediate relief, they are a time-tested method of holding companies accountable for wrongdoing, including automakers’ failure to sell safe and reliable vehicles to their customers.
TOP AUTO LITIGATION FIRM
Hagens Berman is one of the most successful auto litigation law firms in the U.S. and is presently leading nationwide cases against Ford, Volkswagen, GM and other automakers for safety defects and emissions-cheating claims. Your claim will be handled by attorneys experienced in automotive consumer law.
NO COST TO YOU
There is no cost or fee whatsoever involved in joining this action. In the event Hagens Berman or any other firm obtains a settlement that provides benefits to class members, the court will decide a reasonable fee to be awarded to the legal team for the class. In no case will any class member ever be asked to pay any out-of-pocket sum.
CASE TIMELINE
On July 23, 2024, Ford filed an opposition to Ford customers’ request to reopen their lawsuit against the automaker following reports of post-repair fires in affected vehicles. The case is now before Honorable Shalina D. Kumar of the U.S. District Court for the Eastern District of Michigan.
Hagens Berman believes Ford’s customers deserve to have their claims heard and reviewed by the court. The firm is hopeful Judge Kumar will thoughtfully consider this issue in light of the newly uncovered evidence, particularly given the severity of this defect which can lead to vehicle fires and can place people’s lives at risk. Read the document »
