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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.
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”]
Elon Musk
Tesla CEO Elon Musk details massive FSD update set for September release
“This will substantially reduce the need for driver attention, but some complex intersections, heavy weather or unusual events will still require attention.”

Tesla CEO Elon Musk detailed the changes that are expected to come with a massive Full Self-Driving (FSD) update, which is set to roll out sometime in September, he revealed earlier this week.
Tesla has been refining its FSD suite for years, but it has never been as good as it is now. The focus is to get the suite to a point where interventions are no longer needed and drivers simply become passengers, as they will not be responsible for paying attention to the road.
Elon Musk teases crazy new Tesla FSD model: here’s when it’s coming
That version of FSD will come eventually, but not next month. However, there are dramatic improvements that will come with next month’s FSD update that will roll out to the public, Musk said:
“The FSD software update next month will be a major step-change improvement for rare conditions.”
The FSD software update next month will be a major step-change improvement for rare conditions
— Elon Musk (@elonmusk) August 8, 2025
Additionally, he provided specific details on what would change, hinting that the need for a driver to pay attention will be “substantially reduced,” but there are some “complex intersections, heavy weather, or unusual events” that will still require drivers to assume responsibility for the car:
“This will substantially reduce the need for driver attention, but some complex intersections, heavy weather or unusual events will still require attention.”
This will substantially reduce the need for driver attention, but some complex intersections, heavy weather or unusual events will still require attention.
Note, the Austin robotaxi FSD build is ~6 months more advanced than what is available in cars in America and there are…
— Elon Musk (@elonmusk) August 8, 2025
We have been teased about these types of updates before, but usually they involve some kind of mention of FSD being ready for unsupervised driving “by the end of the year.” Musk did not mention that here.
There is also the fact that Tesla has another FSD build in Austin for the Robotaxi suite that is more advanced than what is available to the public. It has performed well, Musk says, making claims that there are times when it feels “eerily human.”
Tesla Q2 2025 vehicle safety report proves FSD makes driving almost 10X safer
The improvements in FSD capabilities in subsequent releases are usually very evident. As Tesla continues to refine the suite for the public, it gains more confidence and becomes smarter through the collection of data and the use of neural networks.
The only thing left to wait for is the release itself, and we are hopeful it will roll out to the public in September, as Musk says.
News
Tesla Model Y L’s impressive specs surface in China’s recent MIIT filing
The Tesla Model Y L is expected to launch later this year.

The specs of the upcoming Tesla Model Y L has appeared in new Chinese regulatory filings, revealing key specifications including a six-seat layout and an extended range of up to 751 kilometers. The variant is expected to launch later this year alongside a new long-range Model 3 variant rated at 830 kilometers.
The updates were listed on the China Ministry of Industry and Information Technology’s (MIIT) latest batch of new energy vehicle models that are eligible for vehicle purchase tax exemptions.
Model Y L to debut with larger battery, six-seat layout
Listed under the model code TSL6500BEVBA0, the Model Y L will feature dual motors producing 142 kW at the front and 198 kW at the rear. It will be powered by a 465-kilogram 82.0-kWh lithium-ion battery from LG Energy Solution, with a pack energy density of 176 Wh/kg, as noted in a CNEV Post report. The long-range crossover achieves 751 km on the lenient CLTC cycle, making it Tesla’s highest-range Model Y to date in China despite its curb weight of 2,088 kg.
The “L” designation is believed to refer to the vehicle’s larger size and seating configuration, as the new variant is listed with six seats. It builds on Tesla’s strategy to diversify offerings in the Model Y lineup, which currently includes both RWD and AWD five-seat versions.
Model 3+ breaks record with 830 km CLTC range
Alongside the Model Y L, Tesla China also registered a new rear-wheel-drive Model 3, which was designated with the model code TSL7000BEVBR1. The vehicle boasts either 800 or 830 km of range on the CLTC cycle, depending on its trim. This marks the highest range yet for any Tesla vehicle in China.
The variant will use a 448-kilogram, 78.4-kWh LG-supplied battery with an energy density of 175 Wh/kg and a peak motor output of 225 kW. The vehicle’s curb weight is listed at 1,760 kg. The model was previously identified in filings as “Model 3+,” hinting at a possible tier above the existing long-range variant, which tops out at 753 km CLTC.
News
Elon Musk explains why Tesla stepped back from Project Dojo
The update was initially reported by Bloomberg News, which cited people reportedly familiar with the matter.

Elon Musk has confirmed that Tesla is stepping back from its Dojo supercomputer initiative and focusing instead on the company’s in-house AI5 and AI6 chips.
The update was initially reported by Bloomberg News, which cited people reportedly familiar with the matter.
Project Dojo Ends
As per Bloomberg, Peter Bannon, who led Project Dojo, will be departing Tesla following Elon Musk’s decision to shut down the initiative. The publication claimed that Tesla’s Project Dojo team has lost about 20 members recently, and the remaining members of the initiative would be reassigned to other data center and compute projects within Tesla.
Dojo was expected to help Tesla train its Autopilot and Full Self-Driving systems. With this change, Tesla will reportedly be increasing its reliance on external partners for its training hardware. These partners reportedly include Nvidia, AMD, and Samsung, among other companies.
Musk Explains Dojo Shutdown
In a series of posts on X, Elon Musk explained that it doesn’t make much sense for Tesla to divide its resources to scale two different chip designs. And since the company is putting in a lot of effort in its AI5 and AI6 chips–which would be used not for training but in actual products like Optimus and the Cybercab–it was time for Project Dojo to take a bow.
“It doesn’t make sense for Tesla to divide its resources and scale two quite different AI chip designs. The Tesla AI5, AI6 and subsequent chips will be excellent for inference and at least pretty good for training. All effort is focused on that.
“In a supercomputer cluster, it would make sense to put many AI5/AI6 chips on a board, whether for inference or training, simply to reduce network cabling complexity & cost by a few orders of magnitude. One could call that Dojo 3, I suppose. The difference in real-world performance between AI4 and AI5 is far more than any chip version I’ve ever heard of by a lot. It’s real good,” Musk wrote in his post.
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