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Ford Explorer Police Interceptor Exhaust Lawsuit Dismissed

Police officers from around the country have been involved with lawsuits that have to do with alleged exhaust leaks that have led to carbon monoxide poisoning for some officers driving the Ford Explorer Police Interceptor. There have been multiple lawsuits against Ford over the issue, including one that was filed by police officers in Austin, Texas. Another Ford Explorer Police Interceptor lawsuit was filed in New York, and that suit has now been dismissed by the courts.

The class-action suit includes all New York police officers and law enforcement officers who drove 2011 to 2017 Ford Explorer Police Interceptors. Both of the officers were employed at the Nassau County Police Department of New York and were assigned to drive Ford Explorers that had been modified for law enforcement. Both of the officers claimed that they were harmed by Carbon Monoxide fumes while driving the vehicles.

Both of the officers suffered ill effects from carbon monoxide poisoning and had hospital tests to prove it. Ford filed a motion to dismiss each claim in the lawsuit starting with an alleged breach of warranty claim. The automaker says was barred by the terms of the Explorer warranty relating to police vehicles. Ford says that the warranty expressly disclaims implied warranties for vehicles used primarily for business or commercial uses.

The judge agreed with Ford and dismissed the breach of implied warranty complaint. The judge also dismissed the claim that Ford violated the General Municipal Law 205-e because the claim was based on the National Highway and Motor Vehicle Safety Act, which doesn’t create a right of action. The judge dismissed another claim having to do with the New York General Business Law 349. The judge says that the plaintiffs didn’t purchase the Ford Explorer Police Interceptor SUVs at all and aren’t consumers under the section 349 rules.

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Source: Car Complaints

Shane is a car guy with a fondness for Mustangs and off-roading.

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  1. mark smyth

    This article with the portion below, raises a serious question for me as a fleet operator, regarding “implied warranties” I wish there was more to the article about this.
    “The automaker says was barred by the terms of the Explorer warranty relating to police vehicles. Ford says that the warranty expressly disclaims implied warranties for vehicles used primarily for business or commercial uses.”
    Most people don’t read the warranty to see that for stop and go driving, such as a taxi or a limo, the factory says that oil change intervals are much less than the normal driving. In fact, it even states that private users, when towing a trailer, that a heaver grade of oil should ( must ) be used, not the 5W30 or 0w30 or 0W20 that are suggested for normal use driving.
    In fact, normal grades of non-synthetic oil just do not protect the engine and keep it cool as required to operate with a normal expected engine AND transmission life. Remember that the transmission cooler is on the side of the normal radiator for cooling the engine. The transfer of large amounts of heat from an engine that uses 0W20 or 5W20 oil when towing a trailer, will overheat the transmission cooling fluid. After helping manage fleets that have run over 25 million miles, since 1980, only a full 100 percent synthetic engine oil will do the job properly, by keeping the engine cool enough to prevent overheating of the trans fluid. The advantage of using a 100 percent synthetic oil is that it will also save about 5 percent on fuel use in a gasoline engine and about 2 percent in a diesel engine in the warm months. That fuel saving will triple to about 15 percent fuel saving with a full synthetic in the winter at temps of 20 degree F driving just 12 miles each way. By the way major brands of normal engine oil, add about 2 percent synthetic to the lower priced blends of oil. The cheapest engine oil made for a department store chain will not use that 2 percent synthetic to it’s blend. That is why is is cheaper to buy. If you tow a trailer or plan to keep your car or truck for a long time, also drain that transmission fluid and add a brand name 100 percent synthetic trans fluid. You will notice that it also makes less transmission noise and shifts better. ( GM has solved rough shifting problems of it’s 8 speed auto trans by changing the trans fluid to a full synthetic, with immediate results noticeable by the owners )
    One tip for cars or trucks that run at the high end of the normal temperature range is to add an adapter, that bolts directly to the engine oil filter location to also the use of two oil filters, adding that extra cooling affect needed to stay at the lower end of the normal operating temperature range. You can remove that double oil filter adapter in the winter months, as running less engine oil with just one oil filter, will let the engine heat up faster in the cool fall and winter months.

  2. Ford Owner

    Basically, you say that we all must read the “F*” (free) owner manual before doing anything different that will invalidate the factory warranty.


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