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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”]
The Tesla Model Y Performance was in my hands for seven days after the company reached out and got me a brand new unit. As a Premium All-Wheel-Drive owner, I was really interested to see if the Performance trim was worth the $11,000 difference, and what I learned might be a surprise.
The only “performance” version of any Tesla vehicle I’ve had the opportunity to have several days with was the Cyberbeast back in June, and a few days with that made me want a Cybertruck more than I already did. It had white-knuckle speed, and as someone who truly loves to drive a larger vehicle, it fit the bill for everything I wanted out of an electric pickup.
We picked up the Tesla Model Y Performance yesterday!
We have a whole SEVEN days with it and we want to do anything you’d like us to (within reason) with it!
Let us know below 👇 what you’re interested in knowing pic.twitter.com/BRG9nOSwGW
— TESLARATI (@Teslarati) January 20, 2026
With that past experience, I was truly excited to try the new Model Y Performance, especially considering I own a Model Y already, and after six months of ownership, it has truly won me over as the best car I’ve ever owned. Although my 2008 Ford Escape Hybrid is a close second, mostly due to nostalgia and it being my “dream car” as a kid in high school at the time, the Model Y is unequivocally better, obviously. It’s hard to shake the feelings of your first “nice” car; I think we could all relate to that in a way.
First charge in the Tesla Model Y Performance!
This is a v2 Supercharger, so not quite as fast as what we’d like, but it will do for now. pic.twitter.com/Akyb2BLMcS
— TESLARATI (@Teslarati) January 21, 2026
Before I even picked up the Model Y Performance, I was expecting a handful of things: better performance, better handling, more comfortable seats, and a thirst for spirited driving on the windy backroads of Southern Pennsylvania. Admittedly, a snowstorm disrupted a lot of my testing, but I was still able to have some fun in the car.
With that being said, my thoughts are sure to potentially ruffle some feathers.
First Impressions of the Tesla Model Y Performance
I picked up the Model Y Performance on January 19 and had it for one week. The Ultra Red paint with the White interior option was a great look, and it was fun to have a car with that look, considering my Model Y is Black on Black.
One thing that is really interesting and somewhat surprising is that Tesla hasn’t adjusted the fact that the Ultra Red is a different shade than the Performance brake calipers. Additionally, the rear light bar, which signals braking, is a different shade of red than the car and the brake calipers.
This was something that the Tesla Showroom employees pointed out to me, and, just like they said, I’ll never be able to not see it.
Interior Quality
The first thing I noticed was the Performance seats, which are geared to hug you a tad more and keep you intact during spirited drives. They were, without a doubt, more comfortable than the seats in my Premium AWD.
Interestingly, when I gave this opinion on X, some Performance owners said that the seats were less comfortable and, on longer drives, I’d feel it. My Fiancè and I drove about 120 miles in the car that weekend, and we had no complaints. They were supremely comfortable, and we both really enjoyed them, almost to the point that we’d rather have those seats than the ones in the Premium AWD.
🚨 Tesla Model Y Performance White Interior is 🔥
This seriously might be the best Tesla out there pic.twitter.com/BnSe1GJqqi
— TESLARATI (@Teslarati) January 22, 2026
Additionally, the center screen is slightly larger, but not to the extent that I had really noticed any true difference. In the new Model Y for 2026, the screen is the same size as the one in the Performance trim at 16 inches.
It was previously 15.4 inches.
Some other changes include Performance pedals that are made of what appears to be a stainless steel alloy and Carbon Fiber accents on the doors and dash. Other than that, there are no significant differences; it’s very similar to the other Premium trims of the Model Y. The big difference from an interior standpoint is simply the front seats.
Exterior Differences
Tesla used a lot of different techniques to help improve performance and aerodynamics, including a carbon fiber spoiler and rear diffuser, both of which help with air displacement and improve handling, range, and overall performance.
These additions are clean and give the car a sporty look, perfectly catered to the aesthetic Tesla was obviously going for with the car. I’ve already mentioned the brake calipers, which are an awesome touch, but the offsetting tones of red between them and the paint are a bit displeasing to the eye. I hope this is something that is resolved, but it isn’t completely necessary, nor a priority.
The Nitty Gritty – Ride Quality and Performance
With all the changes from an aesthetic standpoint, including the ones that are geared toward improving performance, the real indicator of whether this trim is worth the extra $11,000 is simple: Is it faster and more fun to drive than the Premium All-Wheel-Drive?
I’m going to break that down here:
Speed and Acceleration
There is a slightly noticeable difference in acceleration, as the 4.6-second 0-60 MPH on the AWD is 1.3 seconds slower than the 3.3-second rate on the Performance. Although that sounds like a decent difference, the big change I noticed was the sound. In the Performance, you can really hear those motors hum, which was a nice touch and really interesting and fun to experience.
It was definitely quicker than my AWD, but I think I really expected to be thrown back into my seat like I was with the Cyberbeast, which features a 2.6-second 0-60 MPH acceleration rate. That was truly a massive difference that anyone can really feel. The 1.3-second difference between the AWD and Performance was, in a way, underwhelming.
I was not disappointed with it, but I really hoped to feel that same rush of adrenaline I had with the Cyberbeast. I think I’m just so used to the acceleration at this point that it does not “wow” me any longer. At the time of the Cyberbeast Demo Drive, I was still driving a gas car.
The Performance, like the AWD, is very capable. It’s great for merging on the highway and getting into a tight window when traffic is heavier. It’s great for taking some quicker drives, and it’s a lot of fun to take out on the road. By no means am I disappointed with it, but I will say maybe my expectations were a tad too high.
Handling
This is where I will say I was sort of disappointed, because I have heard from many people that the suspension is better in the Model Y Performance compared to the All-Wheel-Drive.
I didn’t really feel like it was “better,” but the same, which is still an absolutely amazing ride experience. My AWD is great for tight turns at increased speeds, where I felt the difference was in the seats, as those Performance ones truly did seem to “hug” me more and keep me more stable.
The Performance trim features adaptive suspension, lower/stiffer springs, and larger wheels, all of which are meant to improve handling. I’m not sure if it is simply because I didn’t get to push it as much as I wanted to due to weather, but I felt like the feel of the ride was really similar to my AWD. I had no complaints.
Overall Thoughts
The Model Y Performance is definitely a sportier look than the AWD and Standard models, and it definitely has its advantages. I think that it’s a really great car, but I did not feel an incredible number of differences from the AWD.
🚨 ONE WEEK with the Tesla Model Y Performance: Review and Initial Thoughts
We didn’t get to have as much fun as we wanted in the MYP due to the snow storm, but we were able to give some initial thoughts on the car with the little bit of reasonable weather we had pic.twitter.com/C75WQMNHKO
— TESLARATI (@Teslarati) January 27, 2026
There was a lot to love: the seats, the look, the acceleration. The latter is something that is definitely great if you plan to take your car to a track, but for public roads, it’s not something that is a substantial “need.” When I pushed it on a road local to me and posted a video of it, the commenters were sure to tell me I was going too fast.
I want to be clear that I have zero complaints about the Model Y Performance, and if it were to have come out ahead of me getting my AWD, I probably would have entertained the idea if I could have made the numbers work.
The Model Y, from Standard to Premium, is a great car in every sense of the word. The ride quality is great, the build quality is excellent, and the interior and exterior features, as a whole, make it the best car in the world (to me).
Elon Musk
Elon Musk explains why Tesla’s 4680 battery breakthrough is a big deal
Tesla confirmed in its Q4 and FY 2025 update letter that it is now producing 4680 cells whose anode and cathode were produced during the dry electrode process.
Tesla’s breakthroughs with its 4680 battery cell program mark a significant milestone for the electric vehicle maker. This was, at least, as per Elon Musk in a recent post on social media platform X.
Tesla confirmed in its Q4 and FY 2025 update letter that it is now producing 4680 cells whose anode and cathode were produced during the dry electrode process.
Why dry-electrode matters
In a post on X, Elon Musk stated that making the dry-electrode process work at scale was “incredibly difficult,” calling it a major achievement for Tesla’s engineering, production, and supply chain teams, as well as its partner suppliers. He also shared his praise for the Tesla team for overcoming such a difficult task.
“Making the dry electrode process work at scale, which is a major breakthrough in lithium battery production technology, was incredibly difficult. Congratulations to the @Tesla engineering, production and supply chain teams and our strategic partner suppliers for this excellent achievement!” Musk wrote in his post.
Tesla’s official X account expanded on Musk’s remarks, stating that dry-electrode manufacturing “cuts cost, energy use & factory complexity while dramatically increasing scalability.” Bonne Eggleston, Tesla’s Vice President of 4680 batteries, also stated that “Getting dry electrode technology to scale is just the beginning.”
Tesla’s 4680 battery program
Tesla first introduced the dry-electrode concept at Battery Day in 2020, positioning it as a way to eliminate solvent-based electrode drying, shrink factory footprints, and lower capital expenditures. While Tesla has produced 4680 cells for some time, the dry cathode portion of the process proved far more difficult to industrialize than expected.
Together with its confirmation that it is producing 4680 cells in Austin with both electrodes manufactured using the dry process, Tesla has also stated that it has begun producing Model Y vehicles with 4680 battery packs. As per Tesla, this strategy was adopted as a safety layer against trade barriers and tariff risks.
“We have begun to produce battery packs for certain Model Ys with our 4680 cells, unlocking an additional vector of supply to help navigate increasingly complex supply chain challenges caused by trade barriers and tariff risks,” Tesla wrote in its Q4 and FY 2025 update letter.
News
Even Tesla China is feeling the Optimus V3 fever
As per Tesla China, Optimus V3 is “about to be unveiled.”
Even Tesla China seems to have caught the Optimus V3 fever, with the electric vehicle maker teasing the impending arrival of the humanoid robot on its official Weibo account.
As per Tesla China, Optimus V3 is “about to be unveiled.”
Tesla China hypes up Optimus V3
Tesla China noted on its Weibo post that Optimus V3 is redesigned from first principles and is capable of learning new tasks by observing human behavior. The company has stated that it is targeting annual production capacity of up to one million humanoid robots once manufacturing scales.
During the Q4 and FY 2025 earnings call, CEO Elon Musk stated that Tesla will wind down Model S and Model X production to free up factory space for the pilot production line of Optimus V3.
Musk later noted that Giga Texas should have a significantly larger Optimus line, though that will produce Optimus V4. He also made it a point to set expectations with Optimus’ production ramp, stating that the “normal S curve of manufacturing ramp will be longer for Optimus.”
Tesla China’s potential role
Tesla’s decision to announce the Optimus update on Weibo highlights the importance of the humanoid robot in the company’s global operations. Giga Shanghai is already Tesla’s largest manufacturing hub by volume, and Musk has repeatedly described China’s manufacturers as Tesla’s most legitimate competitors.
While Tesla has not confirmed where Optimus V3 will be produced or deployed first, the scale and efficiency of Gigafactory Shanghai make it a plausible candidate for future humanoid robot manufacturing or in-factory deployment. Musk has also suggested that Optimus could become available for public purchase as early as 2027, as noted in a CNEV Post report.
“It’s going to be a very capable robot. I think long-term Optimus will have a very significant impact on the US GDP. It will actually move the needle on US GDP significantly. In conclusion, there are still many who doubt our ambitions for creating amazing abundance. We are confident it can be done, and we are making the right moves technologically to ensure that it does,” Musk said during the earnings call.
Tesla Model Y Performance Review: The Best Trim of the Best Vehicle?
Elon Musk explains why Tesla’s 4680 battery breakthrough is a big deal
