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Details behind Model X owner’s $5M+ class action lawsuit against Tesla

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9 years ago

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Following our report that a Model X owner has filed a class action law suit against Tesla, claiming a widespread defect in the vehicle’s onboard software causes sudden unattended acceleration (SUA), new details behind the suit have been obtained by Teslarati that shows a legal team aggressively targeting the core component to the Silicon Valley-based electric car maker’s fleet of vehicles.

The class action filed in federal district court claims Ji Chang Son – Korean star residing in Orange County, Calif. – crashed through his garage and into the living room of his home after his Tesla Model X accelerated suddenly and without warning on September 10, 2016, approximately one month after Mr. Son took delivery of the electric SUV. The suit claims that “Tesla has failed to properly disclose, explain, fix, or program safeguards to correct the underlying problem of unintended acceleration”, adding that “over sixteen thousand Model X owners with vehicles that could potentially accelerate out of control.

Son’s attorneys gave the court a full account of the development of the Model X, focusing on the company’s claim that the Model X is “the safest, fastest and most capable sport utility vehicle in history.” On the contrary, according to Son’s attorneys. They allege the Model X has a safety defect that permits the car to accelerate at full speed directly into solid objects, such as the exterior wall of Son’s home. In particular, they point out that 8 written complaints have already been filed with the National Highway Transportation Safety Administration from other Model X owners who report similar occurrences while driving their cars.

The lawsuit reads,

“Irrespective of whether the SUA events in the Model X are caused by mechanical issues with the accelerator pedal, an unknown failure in the electronic motor control system, a failure in other aspects of the electrical, mechanical, or computer systems, or some instances of pedal misapplication, the Model X is defective and unsafe. Tesla’s lack of response to this phenomenon is even more confounding when the vehicle is already equipped with the hardware necessary for the vehicle’s computer to be able to intercede to prevent unintended acceleration into fixed objects such as walls, fences, and buildings.

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Despite repeated instances of Model X drivers reporting uncommanded full power acceleration while parking, Tesla has failed to develop and implement computer algorithms that would eliminate the danger of full power acceleration into fixed objects.This failure to provide a programming fix is especially confounding for a vehicle that knows when it is located at the driver’s home and is being parked in the garage, yet carries out an instruction, regardless of whether through an error by the vehicle control systems or by driver pedal misapplication, to accelerate at full power into the garage wall.

Further, not only has Tesla failed to fix the problems, it has chosen instead to follow in the footsteps of other automobile manufacturers and simply blame the driver.”

One problem, according to Son’s attorneys, is the software that controls the Automatic Emergency Braking system. Tesla has programmed that feature to disengage in order to allow drivers to make emergency maneuvers,  “in situations where you are taking action to avoid a potential collision. For example:

  • You turn the steering wheel sharply.
  • You press the accelerator pedal.
  • You press and release the brake pedal.
  • A vehicle, motorcycle, bicycle, or pedestrian, is no longer detected ahead.”

In other words, say the attorneys, a Model X will drive straight into a solid wall if that is what the system thinks the driver wants it to do. “Apparently, this includes situations where the computer believes, rightly or wrongly, that the driver is commanding full power acceleration directly into fixed objects immediately in front of the vehicle.”

Class action lawsuits are complex and highly specialized legal actions. Federal law requires that the damages alleged for the entire class exceed $5 million. The plaintiff’s attorney have done so by claiming that Tesla is aware of at least two other instances in which drivers allege sudden unintended acceleration occurred while driving their Model X at low speeds. They then extrapolate those numbers to suggest that the rate of SUA incidents attributable to the Model X is 64 per 100,000 vehicles — substantially higher than for any other vehicle in history.

Page 12 of JI CHANG SON vs. TESLA MOTORS class action complaint

They point out that the incidence rate of SUA incidents for Toyota vehicles — which grabbed national headlines in 2010 — was far lower. They then go on to remind the court that Toyota paid several hundred million dollars to SUA victims as well as a $1.2 billion federal fine. Notice that the chart included in the pleadings shows an exaggerated and disproportionate projected SUA incidence rate for the Model X highlighted in bright red.

Tesla says its data retrieved from the vehicle’s blackbox shows the accelerator in Son’s Model X was fully depressed when the accident occurred. The question for the court will be whether the driver pressed the wrong pedal or whether the vehicle accelerated on its own. It is unclear whether a software failure would register the pedal as fully depressed even if it was not physically operated by the driver.

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Plaintiffs always have the burden of proving their allegations. Attorneys for injured parties often rely on a legal doctrine known as res ipsa loquitur, which is Latin for “the thing speaks for itself.” Loosely translated, it means “we don’t know what is wrong with your product that you designed and built, but you know or should know.” Res ipsa loquitur shifts the burden of proof onto the defendant, which makes it much easier for a plaintiff to prevail in court.

One advantage the plaintiff gains from filing suit is the ability to discover what information Tesla has that is not yet public. Does Tesla know something it isn’t telling its customers? We may find out as this litigation goes forward.

We’ve provided a copy of the entire class action filing below.

[pdf-embedder url=”http://www.teslarati.com/wp-content/uploads/2017/01/Son-vs-Telsa-class-action-8-16-cv-2282.pdf”]
 

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Elon Musk reveals when SpaceX will perform first-ever Starship catch

“Starship catch is probably flight 13 to 15, depending on how well V3 flights go,” Musk said.

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11 hours ago

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August 28, 2025

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Credit: SpaceX

Elon Musk revealed when SpaceX would perform the first-ever catch attempt of Starship, its massive rocket that will one day take life to other planets.

On Tuesday, Starship aced its tenth test flight as SpaceX was able to complete each of its mission objectives, including a splashdown of the Super Heavy Booster in the Gulf, the deployment of eight Starlink simulators, and another splashdown of the ship in the Indian Ocean.

It was the first launch that featured a payload deployment:

SpaceX Starship Flight 10 was so successful, it’s breaking the anti-Musk narrative

SpaceX was transparent that it would not attempt to catch the Super Heavy Booster, something it has done on three previous occasions: Flight 5 on October 13, 2024, Flight 7 on January 16, and Flight 8 on March 6.

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This time, it was not attempting to do so. However, there are bigger plans for the future, and Musk detailed them in a recent post on X, where he discussed SpaceX’s plans to catch Starship, which would be a monumental accomplishment.

Musk said the most likely opportunities for SpaceX to catch Starship itself would be Flight 13, Flight 14, and Flight 15, but it depends on “how well the V3 flights go.”

The Starship launched with Flight 10 was a V2, which is the same size as the subsequent V3 rocket but has a smaller payload-to-orbit rating and is less powerful in terms of initial thrust and booster thrust. Musk said there is only one more V2 rocket left to launch.

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V3 will be the version flown through 2026, as V4, which will be the most capable Starship build SpaceX manufactures, is likely to be the first company ship to carry humans to space.

Musk said that SpaceX planned to “hopefully” attempt a catch of Starship in 2025. However, it appears that this will likely be pushed back to 2026 due to timing.

SpaceX will take Starship catch one step further very soon, Elon Musk confirms

SpaceX would need to launch the 11th and 12th test flights by the end of the year in order to get to Musk’s expected first catch attempt of Flight 13. It’s not unheard of, but the company will need to accelerate its launch rate as it has only had three test flights this year.

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Tesla Robotaxi rival Waymo confirms massive fleet expansion in Bay Area

New data from the California Public Utilities Commission (CPUC) said Waymo had 1,429 vehicles operating in California, and 875 of them were “associated with a terminal in San Francisco,” according to The SF Examiner.

Published

14 hours ago

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August 28, 2025

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Credit: Uber

Tesla Robotaxi rival Waymo has confirmed that it has expanded its fleet of driverless ride-sharing vehicles in the Bay Area of California massively since its last public disclosure.

It is perhaps one of the most important metrics in the race for autonomous supremacy, along with overall service area. Tesla has seemed to focus on the latter, while expanding its fleet slowly to maintain safety.

Waymo, on the other hand, is bringing its fleet size across the country to significant levels. In March, it told The SF Examiner that there were over 300 Waymos in service in the San Francisco area, which was not a significant increase from the 250 vehicles on the road it reported in August 2023.

In May, the company said in a press release that it had more than 1,500 self-driving Waymos operating nationwide. More than 600 were in the San Francisco area.

Tesla analyst compares Robotaxi to Waymo: ‘The contrast was clear’

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However, new data from the California Public Utilities Commission (CPUC) said Waymo had 1,429 vehicles operating in California, and 875 of them were “associated with a terminal in San Francisco,” according to The SF Examiner.

CPUC data from March 2025 indicated that there were a total of 1,087 Waymo vehicles in California, with 762 located in San Francisco. Some were test vehicles, others were deployed to operate as ride-sharing vehicles.

The company’s August update also said that it deploys more than 2,000 commercial vehicles in the United States. That number was 1,500 in May. There are also roughly 400 in Phoenix and 500 in Los Angeles.

While Waymo has done a good job of expanding its fleet, it has also been able to expand its footprint in the various cities it is operating in.

Most recently, it grew its geofence in Austin, Texas, to 90 square miles. This outpaced Tesla for a short period before the company expanded its Robotaxi service area earlier this week to roughly 170 square miles.

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Tesla one-ups Waymo once again with latest Robotaxi expansion in Austin

The two companies have drastically different approaches to self-driving, as Waymo utilizes LiDAR, while Tesla relies solely on cameras for its suite. Tesla CEO Elon Musk has made no mistake about which he believes to be the superior solution to autonomy.

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Tesla launches Full Self-Driving in a new region

Today, Tesla launched Full Self-Driving in Australia for purchase by car buyers for $10,100, according to Aussie automotive blog Man of Many, which tried out the suite earlier this week.

Published

15 hours ago

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August 28, 2025

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Credit: Tesla

Tesla has launched its Full Self-Driving suite in a new region, marking a significant step in the company’s progress to expand its driver assistance suite on a global scale.

It is also the first time Tesla has launched FSD in a right-hand-drive market.

Today, Tesla launched Full Self-Driving in Australia for purchase by car buyers for $10,100, according to Aussie automotive blog Man of Many, which tried out the suite earlier this week.

Previously, Basic and Enhanced Autopilot suites were available, but the FSD capability now adds Traffic Light and Stop Sign Control, along with all the features of the previous two Autopilot suites.

It is the first time Tesla has launched the suite by name in a region outside of North America. In China, Tesla has “City Autopilot,” as it was not permitted to use the Full Self-Driving label for regulatory reasons.

However, Tesla still lists Full Self-Driving (Supervised) as available in the U.S., Canada, China, Mexico, and Puerto Rico.

The company teased the launch of the suite in Australia earlier this week, and it appeared to have been released to select media members in the region earlier this week:

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Tesla FSD upcoming Australia release seemingly teased bv media

The rollout of Full Self-Driving in the Australian market will occur in stages, as Model 3 and Model Y vehicles with Hardware 4 will receive the first batch of FSD rollouts in the region.

TechAU also reported that “the initial deployment of FSDs in Australia will roll out to a select number of people outside the company, these people are being invited into Tesla’s Early Access Program.”

Additionally, the company reportedly said it is “very close” to unlocking FSD in customer cars:

Each new Tesla sold will also come with a 30-day free trial of the suite.

Australia is the sixth country to officially have Full Self-Driving available to them, following the United States, Canada, China, Mexico, and Puerto Rico.

Here’s the first look at the suite operating in Australia:

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