FORD EXPLORER ROLLOVERS –
Defective Tires or Defective SUV Design?


In August 2000, Bridgestone/Firestone Inc (Firestone) and Ford Motor Co. jointly announced the recall of 14.4 million Firestone tires, due to a manufacturing defect that made the tires prone to separating and peeling off. The tires have been implicated in numerous serious and fatal accidents, most involving the extremely popular Ford Explorer. The recall included Firestone's 15-inch radial ATX, ATX II and Wilderness tires. Firestone estimated that 6.5 million of the recalled tires are still on the road. The NHTSA also issued warnings concerning 22 brands of Bridgestone/Firestone tires produced between 1991 and 2000. The tires have been blamed for at least 300 deaths and hundreds of injuries.

FORD EXPLORER DESIGN DEFECTS:
Most of the recalled tires were part of the original equipment on the Ford Explorer models manufactured between 1991-2000. According to the NHTSA, of 194 reported rollovers, 166 involved Ford Explorers and Ford Explorers accounted for 79 of the 88 rollover fatalities. Experts have cited two factors contributing to the high rate Ford Explorer rollovers: inadequate tire pressure and design flaws which make the vehicle unreasonably unstable and susceptible to rollovers.

In 1989 Ford lowered the recommended tire pressure on Ford Explorers equipped with Firestone tires to 26 pounds per square inch, in order to increase stability and soften the ride. The Firestone tires originally equipped on the Explorer had the lowest possible rating for withstanding high temperatures, and the lower tire pressure recommended by Ford made the tires even more susceptible to overheating, especially at higher speeds or increased loads.

Internal company documents cited in complaints against Ford allege that internal tests conducted in 1988 by Ford revealed a higher risk of rollover, even when the tires where inflated according to the tire manufacturer recommendations. A 1989 company memo by Ford engineers recommended several changes in the Ford Explorer design that would have improved the stability of the vehicle. However, Ford refused to implement major redesign changes that would have increased the vehicles' stability and handling in order to maintain its production schedule and keep production costs down. Another top-heavy redesign of Explorer in 1995 further increased the vehicle's instability and rollover risk.

Ford's 1995 redesign of the Ford Explorer increased the vehicle's center of gravity and made the vehicle's stability index slightly worse. Internal company documents show that Ford could have adopted a design which would have lowered the Explorer's center of gravity by lowering the engine height and thereby increasing stability. However, the company decided to retain the existing engine position in order to avoid additional redesign costs that would have negatively impacted the Explorer's nearly 40 percent profit margin. Additionally, the Explorer's weak roof design is more prone to collapsing on the occupants in the event of a rollover, thereby increasing the risk of serious injury, paralysis and death.

INTERNAL DOCUMENTS AND DEPOSITIONS REVEAL FORD MOTOR CO. WAS AWARE OF FORD EXPLORER DESIGN FLAWS
Recently released company documents and depositions of Ford employees suggest that Ford Motor Co. ignored its engineers' advice that the Explorer sport-utility vehicle needed design revisions to prevent rollover accidents and fatal injuries.

Company records show that In 1993, Ford engineers advised the company to reinforce Explorer roof supports to prevent collapses in rollovers. However, Ford engineering supervisor Christopher Brewer stated in a 2003 deposition that Ford didn't make changes because the U.S. government didn't require any. Additionally, in 1999, Ford engineers in Venezuela warned that Explorers were rolling over and had caused at least nine deaths because of flaws in the suspension. Documents reveal that three years earlier, Ford engineers stated that the deficiency could be solved by moving the shock absorbers toward the wheels. Despite the warnings and proposed solution, Ford didn't make the change.

MORE BRIDGESTONE/FIRESTONE TIRE RECALLS & SETTLEMENT
In February 2004, Bridgestone/Firestone announced the recall of about 490,000 Steeltex tires linked to linked to 14 sport utility vehicle crashes that killed five people. The tires were made for use on Ford Excursions from 2000 to 2002 and some early 2003 models. About 300,000 of the recalled Steelex tires are believed to be still in use.

In March 2004, a Texas state court judge approved a $149 million settlement of 30 class-action lawsuits filed on behalf of tire owners against Bridgestone-Firestone North American Tire. The lawsuits resolved as part of the settlement included those filed by Firestone ATX, ATX II and Wilderness AT customers whose tires were investigated by the National Highway Traffic Safety Administration (NHTSA) in 2000. The settlement calls for Firestone to pay an estimated $70 million to replace tires, $41 million to manufacture tires that provide better high speed capacity, $15.5 million on a consumer education and awareness campaign, and $19 million for attorneys fees. Those who are not named in the settlement but owned one of 22 brands of Bridgestone/Firestone tires between 1991 and 2001 may qualify to have their tires replaced. The settlement affects an estimated 60 million tires and 15 million drivers.

ROLLOVER PROBLEMS CONTINUE TO PLAGUE FORD
Rollover ratings issued in August 2004 by the National Highway & Traffic Safety Administration (NHTSA) placed several popular Ford vehicles at the bottom of the list in terms of rollover safety. The two-wheel drive Ford Explorer Sport Trac received a 35.8 percent rollover rating in tests, more than twice the rate of any car and the worst rating of 68 models tested. Additionally, the four-wheel drive Explorer Sport Trac, and the four-door and two-wheel drive versions of the Ford Explorer and Mountaineer, all placed in the bottom six of the SUV class. Moreover, two 2005 Ford vehicles, the two-door Focus and the Ranger 4x4 pickup, were the worst performers in their respective classes according to government crash and rollover test results.

FACT: There are over 5 million Ford Explorers on the road today and Explorers remain the top-selling SUV models in the US.

MULTI- MILLION DOLLAR VERDICTS AGAINST FORD

Hundreds of lawsuits have been filed nationwide alleging serious injuries and deaths were the result of Ford Explorer's unsafe design. In many cases Ford has entered into confidential settlements. A June 2004 estimate placed the number of pending Ford Explorer lawsuits at 1,100.

March 2005 - Texas Jury Awards $28 Million Verdict In Ford Rollover Case
A Texas jury slapped Ford Motor Co. with a $28 million verdict. The case involved two occupants who were killed in a rollover accident while riding in a 2000 model year Ford Explorer. The plaintiffs argued that the 2000 Ford Explorer was defective in its design because Ford used tempered side glass instead of laminated safety glass, which substantially reduces the risk of passengers being ejected in a rollover accident.

August 2004 - Ford, Faced with Multi-Million Dollar Verdict in Florida , Settles Out of Court.
A federal court jury in Fort Myers, Florida awarded a rollover victim's family $5.3 million in compensatory damages in a Ford Explorer case and was considering whether to award $48 million in punitive damages, when Ford lawyers settled for an undisclosed amount.

June 2004 - San Diego Jury Awards Ford Motor Co. to pay $368.6 million to a Woman Paralyzed in Ford Explorer Rollover Accident. The verdict marked the first a jury found that the Explorer vehicles are defective because of their instability, rollover risk, and weak roofs. The award ended Ford's 13-trial winning streak in Explorer rollover cases.

December 2002 - Ford Motor Co. Agrees to Pay $51.5 Million to Settle Allegations of Fraud
In December 2002, Ford Motor Co. announced that it agreed to pay $51.5 million to settle U.S. state government claims it misled consumers about the safety of its highly profitable sport utility vehicles while also failing to disclose known tire failure risks. The agreement did not affect private legal claims against Ford and Ford denied any wrongdoing.

Under the terms of the settlement, Ford agreed to pay the states $51.5 million, of which $30 million is allocated to launch a nationwide consumer education campaign on SUV safety. The balance of the settlement will go to cover investigation costs and fund consumer protection efforts. Additionally, Ford is barred from misrepresenting the safety, handling and cargo capacity of its SUVs. The settlement provides that Ford will no longer use the term "car-like" to describe SUV steering and handling in its advertisements, and that it must have reliable scientific evidence to back up claims it makes about vehicle safety, performance or durability. Ford also agreed to give safety information to consumers who buy Ford SUVs and to provide information in Spanish upon request. Moreover, Ford agreed to abide by all state and federal laws governing SUV safety, including a federal regulation that requires manufacturers to tell SUV buyers that vehicles with a wheelbase under 110 inches have a higher possibility of rollover than other vehicle types.

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