With no SUV fire fix as yet, Ford customers file lawsuit
Owners of 2021 Ford Expedition and Lincoln Navigator SUVs have sued Ford Motor Co., claiming the Dearborn automaker failed to disclose to customers a defect causing spontaneous fires in the engine compartment, and there is no fix.
Ford has reported to federal safety regulators 16 fires under the hood and one burn injury, notes the lawsuit, which attorneys seek to have certified as a class action.
These vehicles, according to a complaint filed Tuesday in U.S. District Court for the Eastern District of Michigan “were dangerously defective and prone to catching fire, including while driving, while parked but (turned) on, and while parked and (turned) off. Then, though Ford knew or should have known of the fire risk prior to launching the vehicles, it did nothing to warn owners and lessees until very recently.”
No remedy yet for engine fires
A Ford customer recall is dated May 17 on the National Highway Traffic Safety Administration site. Under “remedy,” it says, “Owners are advised to park their vehicles outside and away from structures until the remedy is performed. The remedy is still under development.” The company mailed owners a letter about the safety risk May 25. A second letter will be sent “once the remedy is available.”
Up to 39,013 vehicle owners may be affected, according to the safety website. This is the latest of three recalls on the vehicles that also include potentially failing windshield wipers and passenger airbags that don’t deploy.
The federal agency states inside a red box: “URGENT: FIRE RISK WHEN PARKED. An urgent safety recall has been issued for this vehicle due to the risk of a fire.”
These premium vehicles have base prices that exceed $50,000.
When the fires occurred
The affected vehicles include 32,711 Expeditions and 6,302 Lincoln Navigators built between Dec. 1, 2020, and April 30, 2021.
The law firm filing the suit, Seattlebased Hagens Berman Sobol and Shapiro, said it’s investigating model years beyond 2021.
Twelve of the reported fires occurred while the vehicle was parked and turned off, one fire occurred while the vehicle was parked and turned on, and three fires occurred while the vehicle was being driven, with occupants reporting a burning smell and smoke from the engine compartment, the lawsuit says.
Ford’s report to federal officials confirms that 14 of the fires were in rental vehicles.
“To date, there have been 16 fires in a vehicle population of just 39,000, a number that Ford acknowledges is statistically significant,” the lawsuit says.
Warning signs of defects
Ford spokesman Said Deep declined to comment on pending litigation Wednesday, citing company policy.
Ford has noted that the problem is usually progressive, with signs of malfunction that include an unusual odor or smoke.
Deep said, “We are absolutely committed to addressing potential vehicle issues and responding quickly for our customers. We proactively monitor all potential customer concerns in the field. More than ever, we are looking at all sources of information, including connected vehicle data to identify potential concerns so we can resolve them even sooner for our customers.”
He added, “For our customers who are concerned, our safety team has been working around the clock to determine a repair. If a customer has unique circumstances and is unable to park outside away from structures (such as a highrise condo with attached parking garage) they should contact their dealer, Ford Customer Relationship Center or Lincoln Concierge.”
Unreasonable recommendation?
Asking consumers to park the potentially flammable vehicles away from the home is an unreasonable recommendation, the lawsuit says.
Steve Berman, managing partner of Hagens Berman, said in a statement, “To this day, long after Ford knew or should have known that its vehicles were spontaneously bursting into flames, Ford has failed to ... even instruct owners to stop driving the vehicles, leaving its own customers in danger.”
Ford offers no reimbursement to these vehicle owners and lessees for out-of-pocket expenses, loss of use, and loss of value, the lawsuit says.
However, Ford spokesman Deep said the company does offer a rental option, if needed.
Ford fights chronic recall issues
Reducing warranty costs has been a top priority for Ford CEO Jim Farley since before he took the helm in October 2020. He brought in expert this year to try and fix these chronic recall issues.
The Hagens Berman law firm negotiated a $1.3 billion settlement with Hyundai and Kia for an engine fire defect and has a pending class-action lawsuit against Fiat Chrysler for spontaneous fires affecting its Chrysler Pacifica hybrid minivans.