Philadelphia, PA: A class action law suit has been filed against Ford Motor Company ("Ford") on behalf of owners of a Ford Windstar, model years 1999-2003, alleging a risk of severe injury caused by a defect in the design of the vehicle's rear axle.
The rear axles on Ford Windstar model years 1999-2003 are unsealed hollow cylinders that collect and trap water and other corrosive agents. According to the complaint, Ford's failure to install proper drainage ports into these axles causes them to rust from the inside out. This rust eventually causes the axles to crack, and ultimately split into two separate pieces. The axles on affected Ford Windstars are susceptible to failing while the vehicle is being operated. It is believed that more than 949,000 Windstars were manufactured with a defective axle.
Although this design flaw has been widely discussed in the automobile community and failures of the axle assembly have been previously documented, Ford has failed to remedy the defects or offer replacements for this potentially dangerous product. Nor has Ford notified owners of 1999 – 2003 Windstars that their vehicles might be prone to sudden failure during operation.
The lawsuit alleges that Ford is in breach of its implied warranty of merchantability and its express warranty.
