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

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Tesla Full Self-Driving statistic impresses Wall Street firm: ‘Very close to unsupervised’

The data shows there was a significant jump in miles traveled between interventions as Tesla transitioned drivers to v14.1 back in October. The FSD Community Tracker saw a jump from 441 miles to over 9,200 miles, the most significant improvement in four years.

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Credit: Tesla

Tesla Full Self-Driving performance and statistics continue to impress everyone, from retail investors to Wall Street firms. However, one analyst believes Tesla’s driving suite is “very close” to achieving unsupervised self-driving.

On Tuesday, Piper Sandler analyst Alexander Potter said that Tesla’s recent launch of Full Self-Driving version 14 increased the number of miles traveled between interventions by a drastic margin, based on data compiled by a Full Self-Driving Community Tracker.

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The data shows there was a significant jump in miles traveled between interventions as Tesla transitioned drivers to v14.1 back in October. The FSD Community Tracker saw a jump from 441 miles to over 9,200 miles, the most significant improvement in four years.

Interestingly, there was a slight dip in the miles traveled between interventions with the release of v14.2. Piper Sandler said investor interest in FSD has increased.

Full Self-Driving has displayed several improvements with v14, including the introduction of Arrival Options that allow specific parking situations to be chosen by the driver prior to arriving at the destination. Owners can choose from Street Parking, Parking Garages, Parking Lots, Chargers, and Driveways.

Additionally, the overall improvements in performance from v13 have been evident through smoother operation, fewer mistakes during routine operation, and a more refined decision-making process.

Early versions of v14 exhibited stuttering and brake stabbing, but Tesla did a great job of confronting the issue and eliminating it altogether with the release of v14.2.

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Tesla CEO Elon Musk also recently stated that the current v14.2 FSD suite is also less restrictive with drivers looking at their phones, which has caused some controversy within the community.

Although we tested it and found there were fewer nudges by the driver monitoring system to push eyes back to the road, we still would not recommend it due to laws and regulations.

Tesla Full Self-Driving v14.2.1 texting and driving: we tested it

With that being said, FSD is improving significantly with each larger rollout, and Musk believes the final piece of the puzzle will be unveiled with FSD v14.3, which could come later this year or early in 2026.

Piper Sandler reaffirmed its $500 price target on Tesla shares, as well as its ‘Overweight’ rating.

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Tesla begins Holiday Update rollout with some surprise features

On Monday, just a few days after Tesla first announced the Holiday Update, people started reporting that it was being deployed to owners.

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Credit: Grok

Tesla has started the rollout of the 2025 Holiday Update, as several owners reported it had arrived in their cars via a software update.

Tesla’s Holiday Update is rolling out as Software Version 2025.44.25.1, and includes several new features. We did an extensive breakdown of what was included in another article, but we’ll list the new additions below:

  • Grok with Navigation Commands (Beta) – Grok will now add and edit destinations.
  • Tesla Photobooth – Take pictures inside your car using the cabin-facing camera
  • Dog Mode Live Activity – Check on your four-legged friend on your phone through periodic snapshots taken of the cabin
  • Dashcam Viewer Update – Includes new metrics, like steering wheel angle, speed, and more
  • Santa Mode – New graphics, trees, and a lock chime
  • Light Show Update – Addition of Jingle Rush light show
  • Custom Wraps and License Plates – Colorizer now allows you to customize your vehicle even further, with custom patterns, license plates, and tint
  • Navigation Improvements – Easier layout and setup
  • Supercharger Site Map – Starting at 18 pilot locations, a 3D view of the Supercharger you’re visiting will be available
  • Automatic Carpool Lane Routing – Navigation will utilize carpool lanes if enabled
  • Phone Left Behind Chime – Your car will now tell you if you left a phone inside
  • Charge Limit Per Location – Set a charge limit for each location
  • ISS Docking Simulator –  New game
  • Additional Improvements – Turn off wireless charging pad, Spotify improvements, Rainbow Rave Cave, Lock Sound TRON addition

On Monday, just a few days after Tesla first announced the Holiday Update, people started reporting that it was being deployed to owners.

It seems the release is a bit of an apology to a particular group, as it has only made its way to Hardware 3 vehicles, particularly the ones using the AMD Ryzen chip.

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Tesla has excluded FSD-purchased and subscribed vehicles that are utilizing Hardware 3, so it seems there is a strategy to this limited rollout.

Two Surprise Additions

Tesla has added two additional features with the Holiday Update, which include a new Storage Space for Dashcam feature that shows how much space you have used and remaining on your USB drive.

Additionally, Tesla gamified Supercharging with a new “Charging Passport” feature, which we reported on earlier today.

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Tesla announces major milestone at Gigafactory Shanghai

First deliveries started in December 2019, with the first units being given to employees. By the end of 2020, the plant was building cars at a run rate of around 150,000 vehicles annually.

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Credit: Tesla

Tesla has announced a major milestone at its Chinese manufacturing facility, Gigafactory Shanghai, confirming on Monday that it had built its four millionth vehicle.

Tesla Gigafactory Shanghai first started building cars back in October 2019 with Model 3 assembly, just ten months after the company broke ground on the plant’s 86-hectare piece of land.

First deliveries started in December 2019, with the first units being given to employees. By the end of 2020, the plant was building cars at a run rate of around 150,000 vehicles annually. Production continued to ramp up, and by September 2023, less than three years after it started building Tesla’s EVs, it had built its two millionth vehicle.

Fast forward to December 2025, and Tesla has confirmed that four million cars have rolled off of production lines at the plant, a major milestone in the six short years it has been active:

The capacity at Giga Shanghai is exceeding 950,000 vehicles per year, and this year, the company has delivered 675,000 cars through the first three quarters. It is also the only plant to manufacture the Model Y L, a longer wheel-based configuration of the all-electric crossover that is exclusive to the Chinese market.

Gigafactory Shanghai’s four million cars have not all stayed within the domestic market, either. For a considerable period, the factory was exporting a significant portion of its monthly production to Europe, helping Gigafactory Berlin supplement some Model Y volume and all of its Model 3 deliveries. This is due to the Berlin plant’s exclusive production plans for the Model 3.

The site is one of the most crucial in the company’s global plans, and Gigafactory Shanghai’s incredible pace, which has led to four million production units in just about six years. It’s fair to say that it won’t be long until we’re seeing Tesla celebrate the plant’s five millionth vehicle produced, which should happen sometime late next year or in early 2027, based on its current manufacturing pace.

The company also builds the Megapack on the property in an adjacent Megafactory.

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