NHTSA Complaint #10355050 — 2010 FORD ESCAPE

I RENTED A 2010 FORD ESCAPE SUV FROM DOLLAR RENTAL CAR IN SAN JOSE. ON 9/11/10 AT ABOUT 6:00 AM AT MY HOTEL I WENT TO LOAD MY BAGS TO RETURN TO THE AIRPORT. BY ACCIDENT I UNLOCKED THE REAR LIFTGATE GLASS WITH THE REMOTE. (I DID NOT THINK TO RE-LOCK IT BEFORE OPENING THE LIFTGATE.) AFTER MY BAGS WERE LOADED, I CLOSED THE LIFTGATE FIRMLY (NOT SOFTLY, BUT NOT LIKE KING KONG); UPON IMPACT OF CLOSING, THE REAR LIFTGATE GLASS EXPLODED, SHOWERING GLASS ALL OVER THE PAVEMENT AND IN THE BACK / ON MY LUGGAGE. THERE HAD BEEN NO CONTACT WITH LUGGAGE IN THE BACK / MY BAGS WERE LOW-PROFILE (I HAVE PHOTOS TO PROVE; ALSO, I HAVE A 3RD-PARTY WITNESS WHO WAS LOADING HIS CAR SEVERAL SPACES AWAY.) THE AMBIENT AIR TEMPERATURE WAS AROUND 60 DEGREES; THE WEATHER WAS FAIR / CLEAR. THE CAR HAD NOT BEEN ENTERED SINCE THE DAY BEFORE; I DID NOT EVER USE THE REAR DEFROST OR WIPER DURING THE COURSE OF MY THREE-DAY RENTAL. WHEN REVIEWING THE DAMAGE, I NOTED HOW HEAVY THE REAR WIPER MOTOR IS THAT IS ATTACHED DIRECTLY TO THE GLASS. THE SUSPENSION RODS FOR HOLDING THE LIFTGATE GLASS IN THE RAISED POSITION MUST BE VERY STRONG TO SUPPORT THAT MOTOR, ESPECIALLY WITH THE SHALLOW ANGLES INVOLVED. (OTHERS REPORTING EXPLODING REAR WINDOWS EXPLAIN THAT THE COMPRESSED GAS INSIDE THESE DEVICES CAUSES THE EXPLOSIVE NATURE OF THE FAILURE.) PRESUMABLY THIS FAILURE OCCURRED BECAUSE THE GLASS WAS NOT LOCKED, AS IT HAD NOT EXPLODED DURING PREVIOUS CLOSINGS OF THE LIFTGATE. THERE IS NO WARNING IN THE OWNERS MANUAL TO BE SURE THAT THE GLASS IS LOCKED BEFORE CLOSING THE LIFTGATE. POSSIBLY THERE WAS AN INVISIBLE DEFECT IN THE GLASS THAT CONTRIBUTED TO THE FAILURE. I WAS "BOOBY-TRAPPED" BY THIS CAR. IN MY 53 YEARS I HAVE NEVER DAMAGED A VEHICLE SIMPLY BY OPENING AND CLOSING ITS DOORS. THERE WERE NO OTHER FACTORS THAN THOSE DESCRIBED ABOVE; I HAVE PHOTOS, A 3RD PARTY WITNESS, AND WILL BE HAPPY TO TESTIFY THESE EVENTS IN COURT. UPDATED 01/06/11 *BF UPDATED IVOQ 01/07/11*TR UPDATED 05/12/11 *BF UPDATED 12/29/11 *CN