Defective Ford Maverick Airbags Draw Milberg Lawsuit

Ford issued a recall for the 2022 Maverick pickup truck to address a side curtain airbag defect that still hasn’t been fixed. As a result, owners are forced to drive vehicles that may not adequately protect them in a crash, or to cease driving their truck entirely. According to a Milberg class action lawsuit filed against Ford, both options are unsatisfactory.

Have you ever owned or leased a 2022 Ford Maverick? You may be eligible to join this lawsuit and receive compensation from any verdict or settlement that results.

Ford Recalls 65,000 Maverick Pickups for Side Airbag Issue

Ford introduced the Maverick, a compact pickup truck, in 2022. It’s already been the subject of five recalls since it hit the market. The latest Maverick recall involves the vehicle’s front-row side curtain airbags, which could fail to deploy properly.

Testing by the National Highway Traffic Safety Administration (NHTSA) revealed the problem and led to a recall of approximately 65,000 model year 2022 Mavericks. An NHTSA filing states that the “side curtain airbags…may not meet the requirements of FMVSS 226 S4.2.1.”

Safety Standard 226 S4.2.1 relates to ejection mitigation, or ensuring that occupants aren’t thrown from the vehicle in a crash. Failure to comply with this standard “increases the risk of injury in a crash,” says NHTSA. Ford retested its airbags following NHTSA’s finding and confirmed that the airbags are out of spec.

Fix Offered But Ford Doesn’t Issue Stop Driving Orders

Ford said that it would begin notifying affected owners in September 2022 about a free airbag defect repair. On its website, Ford states that a local dealer will replace the curtain airbag system on both sides of the truck with a new design that meets federal regulations.

However, an exact date for the fix is not provided. Ford expects the replacement airbags to be available “in early 2023.” But Ford and NHTSA admit that the root cause of the defect is still under investigation. The automaker believes “it’s caused by production variations.”

Ford admitted in September 2022 that the side curtain airbags in the Class Vehicles are defective, and that the defect “may increase the risk of injury in a crash.” Ford also admitted that it would not provide a fix for the defect until some as yet undetermined date in 2023, and that owners they should be sure to wear their seatbelt and “drive with a little extra caution” until Ford finds a fix.

In the meantime, Ford has not instructed owners to stop driving their vehicles. The automaker also has not provided owners with replacement rental cars.

Build dates for the recalled pickups are February 3, 2021 – July 9, 2022. Drivers can find out if their Maverick is included in the recall by going to nhtsa.gov/recalls and entering their Vehicle Identification Number (VIN).

Plaintiff Claims Ford Not Doing Enough

The lead plaintiff in Milberg’s Ford Maverick class action lawsuit owns a model year 2022 Maverick. He purchased the truck in December 2021 from a New York Ford dealer. At the time of purchase, there was no available information to indicate a side curtain airbag defect on the vehicle.

He claims in a class action complaint that, because of the defect and Ford’s inadequate response to it, he is forced to drive a dangerous vehicle that puts him at risk of more significant injuries in the event of a rollover crash.

The lawsuit seeks to establish the following classes of consumers:

• A nationwide class consisting of all U.S. persons who purchased, leased, or own a model year 2022 Ford Maverick; and
• A New York class consisting of all NY persons who purchased, leased, or own a model year 2022 Ford Maverick.

Class member allegedly suffered damages that include:

• Overpaying for vehicles with an undisclosed airbag defect
• Incurring costs of obtaining or using alternative means of transportation
• Losing the use of their vehicles due to Ford’s delay in implementing the recall repair

Filed in U.S. District Court for the Eastern District of Michigan, the lawsuit cites breach of express warranty, breach of implied warranty, unjust enrichment, deceptive acts or practices under New York General Business Law, and false advertising.

Milberg: A National Leader in Class Action Litigation

If you own, leased, or purchased a 2022 Ford Maverick, you may be eligible to automatically join this lawsuit. You do not have to hire a lawyer. We are representing all clients on a contingency-fee basis.

Milberg—the law firm that pioneered federal class action lawsuits—has built a reputation for taking on some of the biggest companies in the world when they betray consumer trust. Since 1965, we have repeatedly taken the lead in landmark cases that have set groundbreaking legal precedents, prompted changes in corporate governance, and recovered over $50 billion for our clients.