Ford Explorer Class Action Settlement Reached Over Carbon Monoxide Risks

A Michigan federal court has granted preliminary approval for a class action settlement, resolving allegations that certain Ford Explorer vehicles allowed carbon monoxide to leak into the passenger cabin.

The Ford Explorer settlement was approved (PDF) by U.S. District Judge Terrence G. Berg on April 30, providing compensation for owners of certain model year 2016 to 2017 SUVs that were linked to reports of exhaust entering the vehicle.

Concerns about the potential risk of carbon monoxide entering Ford Explorer passenger cabins first emerged in 2014, and have since been linked to at least 2,400 owner complaints, warranty claims, dealer field reports and legal claims involving 2,051 vehicles.

The U.S. National Highway Traffic Safety Administration (NHTSA) first began investigating carbon monoxide complaints in Ford Explorer SUVs in July 2016, after receiving reports of exhaust odors permeating the vehicles.

The investigation was later expanded by the Office of Defect Investigations (ODI), which found there have been at least three auto accidents and 41 injuries linked to the carbon monoxide problem, with those injuries including loss of consciousness, nausea, headaches and light-headedness

Despite claims that Ford appeared to have been aware of the problem for some time, the manufacturer released a press release in 2017 amid mounting pressure to recall the vehicles, claiming the Explorer SUVs were safe and that an internal investigation by auto-maker determined the levels of CO found in the cabins did not exceed levels people are exposed to on a routine and daily basis.

In July 2017, the NHTSA issued a press release to announce that their investigation determined the Explorer carbon monoxide leaks were related to cracked exhaust manifolds, determining the manufacturer should issue a recall and replace the manifolds to protect owners and occupants from deadly gas leaks. However, rather than issuing a recall, Ford announced a complimentary service, which offered a less expensive repair that involves reapplying weather sealant and reprogramming the climate control to prevent carbon monoxide from entering the cabins.

The settlement was announced last week, and will preliminarily resolve a Ford Explorer class action lawsuit filed in Michigan by three plaintiffs.

According to the terms of the agreement, Ford will pay those who currently or previously owned or leased an impacted vehicle up to $125 of the post-warranty repair costs for the inspection and sealing of gaps in the passenger compartment, and will also be responsible for up to $400 of the post warranty repair costs for the installation of a modified exhaust system.

The settlement agreement also approved up to $3.5 million for legal fees and costs, as well as $10,000 service awards for each of the three lead plaintiff’s. A final fairness hearing for the agreement is set for November 15, 2021.

Carbon monoxide exposure is one of the leading causes of poisoning deaths in the U.S., since the toxic gas has no color, odor or taste, lacking irritating factors that typically allow someone to detect it’s presence.

While the vehicle fumes containing carbon monoxide should be more apparent, if individuals fail to leave the vehicle or promptly recognize symptoms of carbon monoxide poisoning, they may suffer severe injury. Prolonged exposure to carbon monoxide gas could potentially lead to loss of consciousness, death or permanent brain damage.