Lawsuit accuses Ford of putting consumers in dangerous situations and
forcing costly replacements when lug nuts swell and delaminate, making
them impossible for owners to remove
Company Website:
https://www.hbsslaw.com/cases/ford-lug-nut-defect
DETROIT -- (Business Wire)
Ford owners from seven states are suing
Ford in a proposed nationwide class-action lawsuit alleging the
automaker knowingly sold millions of its vehicles with defective
two-piece lug nuts that swell and delaminate, rendering them unusable
and forcing consumers to pay for costly replacements, according to
Hagens Berman.
The defective lug nuts can cost consumers as much as $120-$160 for a
full set of replacement lug nuts (not including labor cost). Attorneys
say this defect presents a potentially dangerous situation for Ford
owners who get a flat tire and find themselves unable to remove the lug
nuts with the wrench provided by Ford – often on the shoulder of a
fast-moving highway. Drivers also report that when getting their Ford
serviced, mechanics regularly cannot remove the tires due to the swollen
lug nuts. This leaves consumers to pay for replacement lug nuts due to
Ford's defect.
The defect affects at least the following Ford models equipped with
two-piece lug nuts: Ford Fusion, Ford Escape, Ford Flex, Ford Focus,
Ford F-150 and the Ford F-350. If
you own one of the millions of affected Ford vehicles, find out more
about the lawsuit.
The complaint, filed Aug. 24, 2017, in the U.S. District Court for the
Eastern District of Michigan states that Ford chose to equip its
vehicles with two-piece lug nuts with an outer skin that expands and
contracts when exposed to moisture and changes in temperature, swelling
the lug nut from its intended shape.
The two-part lug nuts at the crux of the lawsuit contain a steel core
with a chrome, aluminum or stainless steel cap to improve the appearance
of the visible part of the lug nut. “With normal use and well within the
useful life—and in many cases the applicable warranty period—of the car,
the chrome, stainless, or aluminum cap swells and delaminates to the
point where the lug nuts cannot be removed with the lug wrench provided
by Ford,” the complaint states.
“We’re not talking about breakthrough technology, or computerized
aspects of the auto world. We’re talking about possibly the simplest
part of the car – the lug nuts. Ford chose to make its lug nuts with an
inferior design that puts cosmetics ahead of safety and directly led to
harm to consumers,” said Steve Berman, managing partner of Hagens Berman.
“At best this defect leads to consumers paying more than $30 per wheel
at a repair shop just to get their tire off, and then have to buy new
lug nuts,” Berman said. “At worst, Ford owners could quickly end up in
an emergency situation on a busy roadway, stranded with a flat tire and
no way to change it,” he added.
The suit names owners from seven states – Arizona, California, Illinois,
North Carolina, Ohio, Tennessee and Virginia – and hits Ford with a
total of 70 counts of violations of various state consumer protection
laws. The seven named owners all paid out-of-pocket costs to replace
their defective lug nuts, some waiting hours for tow trucks simply
because they had a flat tire.
For 10 years, Ford owners have complained about the defect by posting in
online Ford forums and communities, and submitting official complaints
to NHTSA (the National Highway Traffic Safety Administration). Ford
expressly warranted that it would repair or replace defects in material
or workmanship free of charge if they became apparent during the
warranty period. Ford also expressly warranted that it would remedy any
defects in the design and manufacturing processes that result in vehicle
part malfunction or failure during the warranty period.
Despite its promises, Ford refuses to replace its defective two-piece
lug nuts for free, even when they fail during the new vehicle warranty
period. Instead, Ford shifts its warranty obligations onto its
customers, requiring Ford owners to spend hundreds of dollars for new
lug nuts and the labor to install them.
Even some Ford dealerships are recommending that consumers choose
aftermarket lug nuts over Ford’s defective ones “because they know any
replacement Ford lug nuts will similarly fail and become unusable,”
according to the suit.
“The only thing worse than selling millions of cars with a defect is
knowingly ignoring the problem and failing to own up to it,” Berman
said. “These car owners deserve better from Ford, and we intend to see
them made whole.”
Find
out more about the lawsuit against Ford.
About
Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law
firm with offices in 10 cities. The firm has been named to the National
Law Journal’s Plaintiffs’ Hot List eight times. More about the law firm
and its successes can be found at www.hbsslaw.com.
Follow the firm for updates and news at @ClassActionLaw.
View source version on businesswire.com: http://www.businesswire.com/news/home/20170824006122/en/
Contacts:
Hagens Berman Sobol Shapiro LLP
Ashley Klann, 206-268-9363
ashleyk@hbsslaw.com
Source: Hagens Berman Sobol Shapiro LLP
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