2021-22 Mustang Mach-E owners slap Ford with federal lawsuit over safety defect

Three owners of the 2021-22 Mustang Mach-E have filed a federal lawsuit against Ford Motor Co., claiming the Dearborn automaker has known of a design flaw in its popular electric vehicles that causes them to lose power while driving down the road — and has not figured out how to fix the problem. 

“Companies go through recalls all the time,” lawyer Aashish Desai of the Desai Law Firm in Costa Mesa, California, told the Free Press.

“But when you have damages that affect a safety issue and the company doesn’t appear to have a solution, then you get into a problem that nobody wants to drive around a car that may stop working while they’re driving,” he said. “I’m shocked they still have these cars out on the road.”

Ford spokeswoman Cathie Hargett told the Free Press on Monday the company does not comment on active litigation.

The Ford Mustang Mach-E electric SUV. Ford closed the order bank on the Mach-E because the automaker was unable to meet demand. Now it's the subject of a federal lawsuit, recalls.

The lawsuit, filed July 1 in U.S. District Court in the Eastern District of California, raises questions about “a uniformly designed defective high voltage battery main contactor that could overheat, thereby immobilizing the vehicle or making it lose power during operation. The contactors on these vehicles are prone to fail during ordinary and foreseeable driving situations.”

‘Vulnerable’

The lawsuit says, “Ford has actual knowledge that, because of the way in which the battery contactors were designed and integrated into the Defective Vehicles, the contactor switch could suddenly fail during normal operation, cutting off engine power and certain electrical systems in the cars, which in turn, disables key vehicle components, safety features or other vehicle functions, leaving occupants vulnerable to crashes, serious injuries, and death.”

Ford has said it is unaware of any injuries or deaths related to the problem.

The lawsuit represents owners and lessees of vehicles built between May 2020 and May 2022, specifically:

  • Benjamin Kegele of Elk Grove, California, owner of a 2021 Mach-E.
  • Thomas Dorobiala of Murrieta, California, owner of a 2022 Mach-E.
  • Spenser Henry of Lancaster, Pennsylvania, owner of a 2022 Mach-E.

The lawsuit says these customers were informed of the recall but their Ford dealers have yet to correct the problem and “it is not clear” Ford has a “true solution to the battery/overheating issue.”

‘Deceptive’

The lawsuit notes that Ford should have disclosed to the plaintiffs and its other customers the defects at the time of purchase or lease over the past two years, because they may have reconsidered buying the product or paying as much as they did.