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

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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.

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.

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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.

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.

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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”]
 

"I write about technology and the coming zero emissions revolution."

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Tesla Full Self-Driving release in the EU gets delayed

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Credit: Grok Imagine

Tesla Full Self-Driving’s release in Europe is set to be delayed by at least a few months.

The European Union will not vote on Tesla’s Full Self-Driving (Supervised) on October 6. The draft agenda for the 119th meeting of the Technical Committee on Motor Vehicles lists only a 25-minute “continuation of discussions” on the Netherlands’ Article 39 request, not a decision. The next scheduled TCMV session is in December, which is now the earliest date a bloc-wide vote could occur.

Tesla Europe had pointed to October 6 as a possible EU-wide vote after the Dutch vehicle authority RDW granted the first European type approval on April 10.

That approval, under UN Regulation 171 plus an Article 39 exemption in EU Regulation 2018/858, is the legal file other member states have been recognizing one by one. The same committee has already discussed the request twice without voting.

Elon Musk’s reply to the delay was a single word: “Sigh.”

Seven EU countries have now cleared FSD Supervised on their own roads: the Netherlands, Lithuania, Estonia, Denmark, Belgium, Slovenia, and Czechia. Those seven states represent about 53 million people, or roughly 12 percent of the EU population. An EU-wide authorization still needs a qualified majority: at least 15 of 27 member states representing 65 percent of the bloc’s population, about 292 million people.

Germany, France, Italy, and Spain remain the decisive markets. France has already rejected the current system; several other governments have flagged speed-limit compliance as the main sticking point.

The safety case Tesla is putting in front of those governments is now public. On September 1, Tesla Europe said FSD Supervised was in use by more than 70,000 customers, covering over 1 million kilometers a day, and was 4.1 times less likely to be involved in a crash than manual driving across 100 million kilometers on EU public roads.

An earlier mid-year cut of the same fleet data, covering 65 million kilometers in five approved countries, put the collision advantage at 5.2 times, with zero highway collisions over 41.9 million kilometers. Tesla also reported far fewer automatic emergency braking events, harsh accelerations, and hard swerves than in comparable manual Tesla driving. Those figures are company-reported, not independently audited.

Tesla Full Self-Driving is taking over Europe: fourth country gets FSD approval

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The public-health backdrop is harder to dispute. European countries recorded about 19,400 road deaths in 2025, or roughly 53 a day, most of them attributed to human error. FSD Supervised is not unsupervised autonomy; the driver remains legally responsible. But the software is already legal and in daily use across seven member states.

Until TCMV votes, the rest of the EU remains a patchwork: available in Prague and Amsterdam, locked behind review in Paris and Berlin. December is now the next chance to close that gap.

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SpaceX readies Starship Flight 14 for a historic journey into uncharted territory

SpaceX finished Starship’s Flight 14 rehearsal, clearing the way for its first orbital flight Monday.

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Sunrise at Starbase. Starship is stacked for opportunistic full-stack testing ahead of Flight 14 via SpaceX
Sunrise at Starbase. Starship is stacked for opportunistic full-stack testing ahead of Flight 14 via SpaceX

SpaceX has cleared one of the last hurdles before Starship’s first trip to orbit. The company posted on X Thursday afternoon that its launch rehearsal for Flight 14 was complete, keeping the mission on track for Monday, September 28. The launch window opens at 7:15 a.m. CT at Starbase, Texas, and runs for 75 minutes.

A wet dress rehearsal is essentially launch day without the launch. Crews fill Booster 21 and Ship 41 with thousands of tons of extremely cold propellant, run the countdown nearly to ignition, then drain everything back out. It lets engineers catch leaks or equipment problems before anything leaves the pad. SpaceX still needs a launch license from the FAA before the stack, which stands 407 feet tall, can fly.

Flight 14 matters because of where it is going. All 13 previous Starship flights followed a suborbital path, which works like throwing a ball extremely high and far: the vehicle reaches space, but it is always on a course that brings it back down within about an hour. This time, Ship 41 will perform a short engine firing called an orbital insertion burn roughly 25 minutes after liftoff, giving it enough speed to keep falling around Earth instead of back into it. SpaceX plans about six laps at an altitude near 275 kilometers (171 miles) over nearly 10 hours, as Teslarati detailed when the mission was first announced.


Getting into orbit also means Starship has to prove it can get back out. The ship must relight a single Raptor engine in space to slow down for reentry. SpaceX says it will only attempt the orbital insertion burn after flight controllers confirm the hardware needed for that return burn has enough backup, and its flight plan includes health checks that could shorten the mission to two or five orbits.

Flight 14 is also the first to put working satellites into service. Flight 13 carried 20 Starlink V3 satellites in July, but they came back down with the ship because that mission never reached orbit. This time, 26 V3 satellites are meant to stay up and join the constellation within a few weeks. Together they add about 26 terabits per second of network capacity, which SpaceX says is roughly 10 times what a single Falcon 9 launch of older V2 Mini satellites adds. Three of them carry cameras that will photograph Starship’s heat shield in orbit to check for tile damage before reentry.

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The hardware has changed too. Ship 41 flies with extra fasteners on tiles in the most vulnerable areas, fixes for gaps where superheated plasma slipped behind tiles, and curved tiles designed to reduce heating between them. Two tiles recovered from Ship 40 will fly again, the first reuse of any part of a Starship heat shield. Booster 21 carries better engine filtering and new relight software after ice clogged three center engines on the previous booster, leaving only eight of 13 engines to restart for its landing burn.

Ship 41 is targeting a splashdown in the Pacific Ocean west of Chile, a new recovery zone after several Indian Ocean landings, while Booster 21 aims for the Gulf. Neither will be caught by the tower on this flight. Elon Musk said in August that a ship catch was likely “in a few months.”

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Elon Musk

Google just picked SpaceX for its first step into orbital AI

Google will launch its first Project Suncatcher AI satellite on SpaceX’s Transporter-18 rideshare next week.

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Google is about to put its own AI chips into orbit for the first time, and it is paying SpaceX to get them there.

The company said Thursday that the first in-orbit test of Project Suncatcher, its research effort to find out whether space can host large-scale AI computing, will fly next week on SpaceX’s Transporter-18 rideshare mission.

The satellite, called MVP, is about the size of a refrigerator and carries four of Google’s Tensor Processing Units, the same chips Google runs in its ground data centers. Google originally planned to launch two custom satellites in 2027, but chose to move faster by integrating its chips into a satellite.

MVP’s solar panels supply about one kilowatt of power, and Google will run Gemini models on the TPUs only in bursts of roughly 15 minutes before the chips shut down so the radiators can shed heat. In a blog post, Google said its Trillium TPUs survived vibration testing that mimicked sustained launch loads of up to 10g, with individual components seeing 50 to 100g, and handled a radiation dose greater than a five year mission would deliver.

SpaceX and Google mull massive partnership on Musk’s orbital data dream: report

Next week’s flight, slated for October 1, follows a relationship that became public in May, when Teslarati reported that Google was in talks with SpaceX for a launch deal tied to orbital data centers. Google also holds a stake of roughly 6% in SpaceX.

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The two companies are chasing the same idea from very different starting points. SpaceX’s own orbital compute program is built around the AI1 satellite, a roughly 70 meter structure derived from Starlink V3 hardware that is designed for 150 kW of peak compute, about 150 times the power MVP will draw. Elon Musk has brushed off concerns about crowding orbit with those satellites, and SpaceX is building its Gigasat factory in Bastrop, Texas, to produce them, targeting an annualized rate of about 1 GW of space compute by the end of 2027.

Musk also posted on X on Thursday that “the amount of compute in space will obviously round up to 100% of all compute.”

Google has been more cautious in public. Its research estimates that launch prices need to fall below about $200 per kilogram before an orbital data center can compete with a ground facility on energy cost, a threshold the company believes could be reached around the mid 2030s. The Suncatcher team has said it expects the effort to remain a project rather than a product for years, which leaves the first real test of its hardware riding on a rocket from the company with the most aggressive timeline in the field.

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