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Carbon Monoxide Leaks in Ford Explorers

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After a slew of consumer complaints, The National Highway Traffic Safety Administration (NHTSA) is investigating dangerous carbon monoxide leaks in Ford Explorers. According to reports, some of these vehicles release exhaust fumes, including carbon monoxide, into the passenger compartments of the cars. Overexposure to fumes can lead to serious medical complications, including brain damage and severe illness.

If you drive a Ford Explorer and believe that your vehicle is susceptible to this defect,
speak with an auto defect attorney from Kelley/Uustal today.

Kelley/Uustal was instrumental in discovering this serious issue and bringing it to light when we represented a Florida mother who filed suit against Ford for the defect and Ford's failures to immediately fix the problem.

Do you have a Ford Explorer Lawsuit? Visit our blog to find out.

Why Kelley/Uustal?

  • Over 325 Years of Combined Experience
  • Hundreds of Millions in Compensation Recovered
  • Hundreds of Jury Trials
  • Contingency Fees - If We Don’t Win, You Don’t Pay

Protecting Your Family Through a Lawsuit

The legal team at Kelley/Uustal represents individuals affected by this dangerous auto defect. In a recent case, one of our clients noticed the smell of exhaust in her vehicle while accelerating. After a 30 minute ride, the carbon monoxide levels in her vehicle were 132 parts per million. Researchers consider that level hazardous to an individual's health. The Ford dealership was unable to solve the problem, even after seven attempts to fix the defect.

Hundreds of thousands of Ford Explorers may come with this dangerous defect. Given enough time, the passenger cabins of the cars could fill up with a dangerous amount of carbon monoxide. In fact, vehicle occupants, including families with young children, reported carbon monoxide symptoms in the faulty Ford Explorers. Other symptoms of carbon monoxide overexposure include:

  • Headaches
  • Nausea
  • Weakness
  • Vomiting
  • Shortness of Breath
  • Blurry Vision

Was Ford Aware of the Problem?

According to some Explorer drivers, Ford was aware of the exhaust problem but failed to take action to prevent consumer injuries. In a recent statement, the manufacturer said that:

"Some 2011 through 2013 Explorer vehicles may exhibit an exhaust odor in the vehicle with the auxiliary climate control system on."

Kelley/Uustal is currently representing a client who suffered the effects of carbon monoxide poisoning while driving her Ford Explorer. The family also has three young children who, after long car rides, started vomiting even though they were not sick. Although Ford claims to be taking action to fix the problem, it has not offered a solution to protect vehicles occupants from exposure to dangerous fumes.

You May be Entitled to Compensation

If you drive a 2011 - 2015 Ford Explorer, you may be entitled to compensation through lawsuit against Ford. As a manufacturer, Ford is responsible to produce safe and reliable vehicles. Not only did it create a potentially dangerous vehicle, but it failed to warn drivers of the possible risks associated with the cars.

If you believe that your Ford Explorer is releasing dangerous amounts of carbon monoxide into the vehicle cabin, contact Kelley/Uustal today. With a 100-year legacy of legal innovation behind us, we are ready to put our experience to work for your case.
Call our office now to schedule your FREE consultation.

Basic Information About the Lawsuit

Why Did I Receive this Notice?

Records show that you leased or purchased one of the following vehicles from an authorized Ford dealer in Florida:

  • 2011 Ford Explorer
  • 2012 Ford Explorer
  • 2013 Ford Explorer
  • 2014 Ford Explorer
  • 2015 Ford Explorer

If this is accurate, you may have the option of exercising certain legal rights and options before the Court holds a trail against Ford Motor Company. This trail will determine whether or not the claims made against Ford are accurate, and will be overseen by Judge William P. Dimitrouleas. The case is Knutson v. Ford Motor Company, Civil Action No. 0:14-61344-cov.

What Is the Lawsuit About?

The lawsuit will decide if Ford Motor Company breached warranties (implied or express) or violated the Florida Unfair and Deceptive Trade practice Act. According to plaintiffs, Ford breached warranties by selling and leasing defectively manufactured and designed Ford Explorers, which allow exhaust emissions into the cabin when the car is operated at wide-open throttle with recirculating air conditioning.

What is a Class Action Lawsuit & Who is Involved?

In a class action lawsuit, one plaintiff, called the “Class Representative” and “Plaintiff” files suit on behalf of a larger population, called the “Class Members.” The person or entity being sued is called the defendant (Ford Motor Company, in this case). At the end of the trial, the Court will make a decision for the Class, excluding any persons who don’t want to be included in the decision.

What Makes This Lawsuit a Class Action?

Knutson v. Ford Motor Company is a class action lawsuit because it meets the requirements of Federal Rule of Civil Procedure 23. This means several things, primarily that hundreds of people meet the qualifications of the class and that Angela Sanchez-Knutson adequately represents them. Ford Motor Company is currently appealing this determination. If the appeal is successful, you will receive further notice of this fact and how it influences your legal options / rights.

What the Lawsuit Claims

What Does the Lawsuit Say?

The lawsuit complains that Ford Motor Company breached warranties under Florida law asserted in the Magnuson-Moss Act (15 U.S.C. § 2301, et seq) and violated the Florida Deceptive Unfair Trade Practices Act.

What Does Ford Motor Company Claim?

Ford denies breach of warranty and any violations of the Florida Deceptive Unfair Trade Practices Act. Additionally, Ford says that exhaust fumes were not found in the majority of vehicles and that, if exhaust was present, the problem is fixable.

Has the Court Made a Decision?

No, the court has not made a determination regarding who has won or lost the case. The Plaintiff is responsible to prove claims beginning July 16, 2015.

What Are the Demands of the Plaintiff?

The Plaintiff is asking for damages to be awarded to Class Members.

Is Money Available Yet?

Money is not available yet and since the Court has not decided the case yet, there is no guarantee that money will be obtained. If the court awards compensation, you will receive notification about asking for a share.

Understanding Your Options and Rights

It is important that you decide whether you would like to remain in the Class or excluded from the Class prior to the trial. You must make this decision now.

What will happen if I do not take action?

If you desire the possibility of obtaining benefits of financial compensation from the lawsuit, you do not have to take any action as of now. Not taking action will leave you in the Class. If you remain as part of the Class and the Plaintiff successfully obtains money and benefits through a trial or settlement, you will be notified about how you can apply to receive a share. It should be noted that regardless of whether you choose to stay in the class or not, you will not be permitted to sue, or continue to sue, Ford Motor Company as a part of any other lawsuit that is associated with a similar subject matter that is the subject of the current lawsuit. If you do not take action, you can only sue for alleged violations that occur after October 7, 2015. Furthermore, you will be legally bound by all of the Orders that the Court issues as well as any judgements the Court makes during the class action.

Why would I request exclusion from the Class?

If you have already filed a personal lawsuit against Ford Motor Company and would like to continue pursuing this action, you will need to request exclusion from this Class. When you are granted exclusion, you cannot receive any money or benefits from this lawsuit if the Plaintiff successfully achieves them via trial or settlement. If you choose to exclude yourself, you will not be legally bound by the Court’s judgements during the class action.

Keep in mind that if you choose to exclude yourself and begin your own lawsuit against Ford Motor Company, you will need to retain and pay your own lawyers. In addition, you will have to supply your own evidence to prove your claims. If you select this option, it is crucial that you contact your own attorney immediately since your claims may be subject to the statute of limitations.

How do I go about requesting exclusion from the Court?

You will need to send an “Exclusion Request” in the form of a letter sent via mail, stating your decision to be excluded from the Class for the case, Knutson v. Ford Motor Company. Make sure to include your name, address, and signature. This letter must be mailed and postmarked, by February 2, 2016, to the following address: 700 S.E. Third Avenue, Suite 300, Fort Lauderdale, FL 33316. (A sample exclusion request is attached to this notice.)

The Attorneys Providing Representation on Your Behalf

Will a lawyer represent me in this case?

The court has come to a conclusion that Kelley/Uustal possesses the necessary qualifications to represent you and all members of the Class. The attorneys of the firm are referred to as the “Class Counsel” and are experienced in these types of case. If you would like more information on Kelley/Uustal and the attorneys of the firm, contact us.

Should I retain my own attorney?

It is not necessary that you hire an attorney to pursue the claims of this class action since the Class Counsel has already been appointed by the Court to represent the Class members. If you wish to retain your own attorney, you will need to cover the costs of that lawyer on your own. If you choose to hire your own lawyer, that attorney can appear in court and speak on your behalf. In addition, you can request that your lawyer assess the notice and inquire whether the notice will have any impact on your legal rights.

How will the attorneys of Kelley/Uustal be paid?

If the Class Counsel recovers money and benefits for the Class, they may request that the Plaintiffs pay a pro rata share of fees or costs. If the Class Counsel’s petition is granted by the Court, their fees and costs can be deducted from any expenses obtained for the Class or will be paid by Ford Motor Company.

The Trial

How will the court determine who is correct? When will the court make this decision?

The Class Counsel must prove the Plaintiff’s claims during the trial unless it is settled by a settlement. The court has scheduled the trial to start July 16, 2016 in the United States District Court for the Southern District of Florida, 299 East Broward Boulevard, Fort Lauderdale, FL 33301. During this trial, a Jury or Judge will hear the evidence, which will help them determine whether the Defendant or Plaintiff is correct about the claims provided in the lawsuit. There is not a guarantee that the Plaintiff will be successful or that she will obtain any compensation for the Class. In addition, the trial may result in an appeal after the trial has concluded.

Will I need to attend the trial?

You are not required to appear at the trial. The counsel for Ford Motor Company will present the defenses and the Class Counsel will present the case on behalf of the Plaintiff. You and your attorney are welcome to attend the trial, at your own expense, but will not be permitted to participate in the trail.

Will I receive money after the trial?

If the Plaintiff recovers money or benefits through a trial or settlement, you will receive notification about how to participate. We are unsure about how long this will take. Any monetary award as a result of the trial may be the subject of an appeal.

Receive More Information

How can I access more details?

If you would like to speak to an attorney representing the Class, call 954-715-4511. You may also speak with a lawyer via written correspondence or email.

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