Ford Explorer Rear Subframe Class Action Alleges Failure of Single Mounting Bolt Can Cause Catastrophic Vehicle Damage

by Corrado Rizzi

Filed: August 28, 2023 ◆§ 3:23-cv-05778

Ford faces a class action that alleges 2020-present Explorers are defective in that they are equipped with a rear subframe assembly with only one rear axle horizontal mounting bolt.

Ford Motor Company

Magnuson-Moss Warranty Act Washington Consumer Protection Act

Washington

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Ford Motor Company faces a proposed class action that alleges certain 2020-present model year Explorers are defective in that they are equipped with a rear subframe assembly with only one rear axle horizontal mounting bolt.

Do you own or lease a 2020-present Ford Explorer or 2021-2022 Lincoln Aviator? Let us know here.

The 46-page lawsuit accuses Ford of failing to disclose to the public “material facts and a safety concern” about the Explorer models at issue, namely that the rear subframe assembly is attached with only one mounting bolt that can easily fail, upon which the rear driveshaft assembly—including the rear differential and axle half-shafts—can suddenly and violently disconnect from the vehicle.

“As a result, a driver will lose control of the Class Vehicle while driving, drastically increasing the risk of collision due to the driver’s inability to maintain steering, braking, and speed control,” the filing says, calling the alleged Ford bolt defect “a significant safety hazard” that endangers drivers, passengers and pedestrians alike.

Even before the rear horizontal mounting bolt fails completely, it may display signs of stress and possibly deform, the suit adds, explaining that symptoms of a deteriorating rear subframe assembly include wheel misalignments, premature wear, pulling to the side while braking and clunking or rattling noises.

Per the case, Ford has sold and leased the Explorers at issue with a three-year/36,000-mile new vehicle limited warranty that purports to cover the rear subframe assemblies. However, drivers have complained that when their vehicle’s rear subframe assembly requires repair or replacement, Ford has refused to provide a free fix, even when the issues crop up within the warranty period, the lawsuit says.

According to the suit, Ford has been aware of the rear subframe problem since at least 2019 “and likely several years prior.” As evidence, the case points to the automaker’s presale design and testing of the newly re-designed 2020 Explorer ST, whose specs show that Ford knew that “Explorers, especially on higher horsepower and torque-rated vehicles and rear-wheel drive vehicles, require two rear axle mounting bolts.”

The lack of two rear axle mounting bolts on certain 2020-present Explorer models stems from supply chain issues experienced by the automaker during the COVID-19 pandemic, the complaint relays. Despite this, Ford “has not returned to [the] use of two rear-axle mounting bolts as a cost-saving measure,” the suit alleges.

The lawsuit accuses Ford of intentionally attempting to conceal the rear subframe assembly problem and “other malfunctions,” namely through technical service bulletins made available to only authorized repair facilities, not vehicle owners or lessees.

In April 2022, Ford issued a safety recall report for certain 2020-2022 Explorer ST 2.3L vehicles, explaining that the cars were “equipped with suspect rear axle bolts and an older version of Electronic Park Brake Software,” the case shares. Ford stated in the recall notice that the rear axle horizontal mounting bolt may fracture and that the bearing area may deform, causing increased bending stress on the bolt and leading to fatigue failure, the suit relays. However, Ford “only partially explained” the risk of the rear axle bolt breaking, stating that if the bolt breaks, the driveshaft may become disconnected, resulting in loss of transmission torque on the rear wheels necessary to hold the car in park, which could cause the vehicle to roll while parked, the lawsuit states.

“Ford ignored the other obvious possibility: that the driveshaft/half shafts may become disconnected while the car is moving,” the case adds, noting that Ford’s purported fix was not a replacement of the defective lone-bolt assemblies but a parking brake software update meant to address a bolt failure only while the vehicles are parked.

The lawsuit looks to cover all persons and entities in the United States who bought or leased a 2020-present Ford Explorer equipped with a rear subframe assembly attached to the vehicle with only one rear axle horizontal mounting bolt.

Do you own or lease a 2020-present Ford Explorer or 2021-2022 Lincoln Aviator? Let us know here.

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Corrado Rizzi is the Senior Managing Editor of ClassAction.org.

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