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Details behind Model X owner’s $5M+ class action lawsuit against Tesla
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.
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.
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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Tesla China’s domestic sales fell 4.8% in 2025, but it’s not doom and gloom
Despite the full-year dip, Tesla finished the year with record domestic sales in December.
Tesla posted 625,698 retail vehicle sales in China in 2025, marking a 4.8% year-on-year decline as the EV maker navigated an increasingly competitive EV market and a major production transition for its best-selling vehicle.
Despite the full-year dip, Tesla finished the year with record domestic sales in December.
Retail sales slip amid Model Y transition
Tesla’s 2025 retail sales in China were down from 657,102 units in 2024, when the company ranked third in the country’s new energy vehicle (NEV) market with a 6.0% share. In 2025, Tesla’s share slipped to 4.9%, placing it fifth overall, as noted in a CNEV Post report.
Part of the decline seemed tied to operational disruptions early in the year. Tesla implemented a changeover to the new Tesla Model Y in the first quarter of 2025, which required temporary production pauses at Giga Shanghai. That downtime reduced vehicle availability early during the year, weighing on the company’s retail volumes in China and in areas supplied by Giga Shanghai’s exports.
China remained one of Tesla’s largest markets, accounting for 38.24% of its global deliveries of 1.64 million vehicles in 2025. However, the company also saw exports from Giga Shanghai fall to 226,034 units, down nearly 13% year-on-year. It remains to be seen how much of this could be attributed to the Model Y changeover and how much could be attributed to other factors.
Strong December 2025 finish
While the full-year picture showed some contraction, Tesla closed 2025 on a high note. According to data from the China Passenger Car Association (CPCA), Tesla China delivered a record 93,843 vehicles domestically in China in December, its highest monthly total ever. That figure was up 13.2% from a year earlier and 28.3% higher than November.
The surge was driven in part by Tesla prioritizing domestic deliveries late in the year, allowing buyers to lock in favorable purchase tax policies. In December alone, Tesla captured 7.0% of China’s NEV market and a notable 12.0% share of the country’s battery-electric segment.
On a wholesale basis, Tesla China sold 851,732 vehicles in 2025, down 7.1% year-on-year. From this number, 97,171 were from December 2025 alone. Tesla Model 3 wholesale figures reached 312,738 units, a year-over-year decrease of 13.12%. The Tesla Model Y’s wholesale figures for 2025 were 538,994 units, down 3.18% year-over-year.
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Tesla Robovan’s likely first real-world use teased by Boring Company President
As per the executive, the vehicle will be used to move large crowds through Las Vegas during major events.
The Boring Company President Steve Davis has shared the most likely first real-world use for Tesla’s Robovan.
As per the executive, the vehicle will be used to move large crowds through Las Vegas during major events.
Tesla Robovan for high-demand events
During a feature with the Las Vegas Review-Journal, Boring Company President Steve Davis stated that the Tesla Robovan will be used in Sin City once the Vegas Loop expands across the Strip and downtown and the fleet grows to about 1,200 Teslas.
At that scale, Robovans would primarily be deployed during predictable surges, such as game days and large shows, when many riders are traveling to the same destination at the same time.
“The second you have four (passengers) and you have to start stopping, the best thing you can do is put your smallest vehicle in, which is a car. But if you know people are going to the stadium because of a game, you’ll know an hour before, two hours before, that a lot of people are going to a game or a Sphere show, if you are smart about it, that’s when you put a high occupancy vehicle in, that’s when you put the Robovan in,” Davis said.
Vegas Loop expansion
Steve Davis’s Robovan comment comes amid The Boring Company’s efforts to expand the Vegas Loop’s airport service. Phase 1 of rides to Harry Reid International Airport began last month, allowing passengers to travel from existing Loop stations such as Resorts World, Encore, Westgate, and the Las Vegas Convention Center.
Phase 2 will add a 2.2-mile dual-direction tunnel from Westgate to Paradise Road. That section is expected to open within months and will allow speeds of up to 60 mph on parts of the route, while expanding the fleet to around 160 vehicles.
Future phases are expected to extend tunnels closer to airport terminals and add multiple stations along University Center Drive. At this point, the system’s fleet is expected to grow close to 300 Teslas. The final phase, an underground airport station, was described by Davis as the system’s “holy grail.” This, however, has no definite timeframe as of yet.
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Tesla seeks engineer to make its iOS Robotaxi app feel “magical”
It appears that Tesla is hard at work in ensuring that users of its Robotaxi service are provided with the best user experience possible.
Tesla is hiring an iOS Engineer for its Robotaxi app team, with the job posting emphasizing the creation of polished experiences that make the service not just functional, but “magical.”
Needless to say, it appears that Tesla is hard at work in ensuring that users of its Robotaxi service are provided with the best user experience possible.
Robotaxi App features
As observed by Tesla community members, Tesla has gone live with a job listing for an iOS Engineer for its Robotaxi App. The job listing mentions the development of a “core mobile experience that enables customers to summon, track, and interact with a driverless vehicle. From requesting a ride to enabling frictionless entry, from trip planning to real-time vehicle status and media control.”
Interestingly enough, the job listing also mentioned the creation of polished experiences that make the Robotaxi more than just functional. “You will take full ownership of features—from architecture design to robust implementation—delivering delightful and polished experiences that make Robotaxi not just functional, but magical,” Tesla noted in its job listing.
Apple’s “magical” marketing
Tesla’s use of the word “magical” when referring to the Robotaxi app mirrors the marketing used by Apple for some of its key products. Apple typically uses the word when referring to products or solutions that transform complex technology into something that feels effortless, simple, and natural to daily life. Products such as the AirPods’ seamless pairing with the iPhone and FaceID’s complex yet simple-to-use security system have received Apple’s “magical” branding.
With this in mind, Tesla seems intent on developing a Robotaxi app that is sophisticated, but still very easy to use. Tesla already has extensive experience in this area, with the Tesla App consistently being hailed by users as one of the best in its segment. If Tesla succeeds in making the Robotaxi app worthy of its “magical” branding, then it wouldn’t be a surprise if the service sees rapid adoption even among mainstream consumers.
Tesla China’s domestic sales fell 4.8% in 2025, but it’s not doom and gloom
Tesla Robovan’s likely first real-world use teased by Boring Company President
