Auto defects are known to result in serious accidents and injury, giving rise to significant verdicts and settlements on behalf of victims and their families. Perhaps this is why Ford Motor Company allegedly continued to sell trucks with defective fuel tank linings for over 10 years. According to a lawsuit filed Wednesday March 14, 2012, the company hid the product from consumers, even as dealers were warned of the auto defect.
The lawsuit alleges that the fuel tank linings on 10 E and F-series truck models made between 1999 and 2008 would eventually "separate and flake off." As a result of the defect, the loss of a fuel liner would lead to clogged systems causing the build-up of debris and rust. The complaint alleges that overtime, this build-up had the potential to cause a sudden loss of engine power, resulting in a vehicle lurching, kicking or suddenly stalling.
In 2007, Ford issued what was called a "secret" technical service bulletin, notifying dealers of the problem. According to the complaint, none of the defected trucks were recalled and Ford never made any offers to make necessary repairs.
The complaint alleges that "hundreds, if not thousands," of drivers have been affected by the defect, however there were no reports on whether the defect was directly related to any serious accidents, injury or wrongful death. To succeed on this claim, the plaintiffs will have to demonstrate that actual harm, including damage to a person or property was caused by the defect. The fact that the company allegedly hid the product defect from consumers may be evidence of fraud.
The complaint seeks class-action status on behalf of all vehicle owners, alleging fraud, breach of warranty, and unjust enrichment. The plaintiffs hope to collect compensatory, punitive and triple damages among other remedies for the alleged defect on the best-selling F-series pickup and defects to the E-Series full-size van.
Reuters, "Ford sued, said to hide truck fuel tank defect," Jonathan Stempel, March 15, 2012.