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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.

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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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The Boring Company accelerates Vegas Loop expansion plans

The Boring Company clears fire safety delays, paving the way to accelerating its Vegas Loop expansion plans.

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Credit: The Boring Company/X

After overcoming fire safety hurdles, the Boring Company is accelerating its Vegas Loop expansion. The project’s progress signals a transformative boost for Sin City’s transportation and tourism.

Elon Musk’s tunneling company, along with The Las Vegas Convention and Visitors Authority (LVCVA) and Clark County, resolved fire safety concerns that delayed new stations.

“It’s new. It’s taken a little time to figure out what the standard should be,” said Steve Hill, LVCVA President and CEO, during last week’s board meeting. “We’ve gotten there. We’re excited about that. We’re ready to expand further, faster, than we have.”

Last month, the company submitted permits for tunnel extensions connecting Encore to a parcel of land owned by Wynn and Caesars Palace. The three tunnels are valued at $600,000 based on country records.

Plans for a Tropicana Loop are also advancing, linking UNLV to MGM Grand, T-Mobile Arena, Allegiant Stadium, Mandalay Bay, and the upcoming Athletics’ ballpark. Downtown extensions from the convention center to the Strat, Fremont Street Experience, and Circa’s Garage Mahal are also in the permitting process.

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“Those are all in process,” Hill noted. “We’ve got machines that are available to be put in the ground. I think we’ve reached a framework for how these projects are going to work and how they’ll be permitted from a safety standpoint, as well as a building standpoint.”

The Boring Company has six boring machines, with three currently active in Las Vegas. Last week, TBC announced that it successfully mined continuously in a Zero-People-in-Tunnel (ZPIT) configuration, enabling it to build more tunnels faster, safer, and at a more affordable rate.

Tunneling under Paradise Road is underway as The Boring Company works on the University Center Loop. The University Center Loop is expected to connect to the Las Vegas Convention Center within two months, linking to the Westgate tunnel. The full Vegas Loop will span 104 stations and 68 miles. Even though The Boring Company’s tunnel network in Las Vegas isn’t nearly finished, it has already become a key attraction in the city.

“It’s such a great attraction for shows that are looking at this building (convention center) and we’re going to be connected to everybody in town,” Hill said. “It’s a real difference-maker.”

A few Vegas Loop stations are already operational, including those connected to Resorts World, Westgate, Encore, and all the Las Vegas Convention Center Loop stations. The Downtown Loop, which connects to the downtown area, and the Riviera Station, the hub that leads to Resorts World with Westgate destinations, are also operational.

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As The Boring Company accelerates the Vegas Loop, its tunnels are poised to redefine mobility and tourism in Las Vegas, blending cutting-edge technology with practical urban solutions.

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Neuralink Blindsight human trials expected to start in the UAE

Neuralink aims to restore vision with its Blindsight BCI implant. First human implant for Blindsight may happen in UAE.

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(Credit: Neuralink)

During Elon Musk’s interview at the Qatar Economic Forum, he announced that Neuralink aims to implant its Blindsight brain-to-computer interface (BCI) device in a human patient by late 2025 or early 2026.

Blindsight focuses on restoring vision. A few years ago, Musk mentioned that Neuralink’s BCI devices would restore vision for people, even those born blind.

“The first two applications we’re going to aim for in humans are restoring vision, and I think this is notable in that even if someone has never had vision ever, like they were born blind, we believe we can still restore vision. The visual part of the cortex is still there. Even if they’ve never seen before, we’re confident they could see,” Musk said during Neuralink’s Show & Tell in 2022. 

Musk said Blindsight could be implanted into a human patient in the United Arab Emirates (UAE). Neuralink plans to partner with the Cleveland Clinic Abu Dhabi to implant the first human patient with Blindsight.

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Elon Musk’s neurotechnology company is partnering with the Cleveland Clinic Abu Dhabi to conduct the first clinical trial of the UAE-PRIME study. Like Neuralink’s PRIME study in the United States, UAE-PRIME will focus on human patients with motor and speech impairments.

Neuralink received Food and Drug Administration (FDA) approval to conduct the PRIME and CONVOY studies in the United States. PRIME tests the capabilities of the company’s Link implant to restore or enable motor and speech in participants. Meanwhile, the CONVOY study explores Link’s ability to control assistive robotic devices. Neuralink already has an assistive robotic arm called ARA that could expand patients’ autonomy beyond smart devices.

Blindsight would probably require a separate study from PRIME and CONVOY. As such, Neuralink might need FDA approval in the United States to start human trials for Blindsight. However, Blindsight already received a “breakthrough device” designation from the US FDA.

In April 2025, Neuralink opened its patient registry to participants worldwide. The neurotechnology company has already implanted its Link BCI device into five patients. Earlier this year, Neuralink welcomed one of its first PRIME study participants as the first patient in its CONVOY study.

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Elon Musk just revealed more about Tesla’s June Robotaxi launch

Tesla CEO Elon Musk gave more information about the Robotaxi launch in Austin set for June.

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Steve Jurvetson, CC BY 2.0 , via Wikimedia Commons

Tesla CEO Elon Musk just revealed more details about the company’s June Robotaxi launch, which will kick off in Austin.

As of right now, Tesla is still set to push out the first Robotaxi rides in Austin, Texas, in early June. These vehicles will be in short supply at first, as Musk says the company is purposely rolling out the fleet in a slow and controlled fashion to prioritize safety. There will be ten vehicles in the Robotaxi fleet to start.

Tesla Robotaxi deemed a total failure by media — even though it hasn’t been released

However, in an interview with CNBC on Tuesday afternoon, Musk also revealed some other new details, including where in Austin the vehicles will be able to go, how many Robotaxis we could see on public roads within a few months, and other information regarding Tesla’s Full Self-Driving suite.

A Controlled Rollout

Tesla has maintained for a few months now that the Robotaxi fleet will be comprised of between 10 and 20 Model Y vehicles in Austin.

The Cybercab, which was unveiled by the company last October, will not be available initially, as those cars will likely be produced in 2026.

Musk said during the CNBC interview that Tesla is doing a low-yield trial at first to initiate a safety-first mentality. It is important for Tesla to launch the Robotaxi fleet in a small manner to keep things in check, at least at first.

As confidence builds and the accuracy of the fleet is ensured, more vehicles will be added to the fleet.

Musk believes there will be 1,000 Robotaxis on the road “in a few months.”

Geofenced to Certain Austin Areas

Tesla will be launching the Robotaxi program in a geofenced fashion that gives the company the ability to control where it goes. Musk says that the areas the Robotaxis will be able to travel to are among the safest neighborhoods and areas in Austin.

This is yet another safety protocol that will ensure the initial riders are not put in dangerous neighborhoods.

Some might be disappointed to hear this because of Tesla’s spoken confidence regarding Robotaxi, but the initial rollout does need to be controlled for safety reasons. An accident or incident of any kind that would put riders’ lives in danger would be catastrophic.

No Driver, No Problem

As the company has rolled out an employee-only version of the Robotaxi program in Austin and the San Francisco Bay Area, some wondered whether the rides would be driverless, as these initial trials for Tesla workers were not. Employee rides featured a human in the driver’s seat to ensure safety.

Tesla says it has launched ride-hailing Robotaxi teaser to employees only

The company did not report whether there were any interventions or not, but it did state that the vehicles traveled over 15,000 miles through 1,500 trips.

Musk confirmed during the interview that there will be no driver in the vehicle when the Robotaxi program launches in June. This will be groundbreaking as it will be the first time that Tesla vehicles will operate on public roads without anyone in the driver’s seat.

Full Self-Driving Licensing

For more than a year, Tesla has indicated that it is in talks with another major automaker regarding the licensing of Full Self-Driving. Many speculated that the company was Ford, but neither it nor Tesla confirmed this.

Musk said today that Tesla has been in touch with “a number of automakers” that have inquired about licensing FSD. Tesla has yet to sign any deal to do so.

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