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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,

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“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:

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  • 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.

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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”]
 

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

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Tesla owner fixes common feature complaint with crafty DIY retrofit

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Credit: @mikegapinski

Tesla owners have long griped about the wireless phone charger in the Model Y and other vehicles. It often turns smartphones into miniature ovens rather than reliably topping them up.

Software engineer and Model Y owner Michał Gapiński tackled this issue head-on with a clever DIY upgrade, swapping the cooled wireless charger pad from the China-made Model YL in for the one that came standard in his vehicle.

There are several key differences between the U.S.-built Model Y’s wireless charging pad and the one that Tesla has been installing in the Model YL. The one installed in U.S.-built vehicles lacks active cooling and relies on basic heat dissipation, leading to rapid temperature buildup during charging. In contrast, the Model YL integrates a small fan for active cooling.

This design maintains lower temperatures even in warm ambient conditions, though it does not support faster Qi2 charging on iPhones. The connector matches exactly, making physical swaps feasible on compatible consoles, but coding is required to enable full functionality.

Owners in the U.S. have complained about the wireless charging pad, with many reporting that overheating is fairly common. Within 20 or 30 minutes of placing a phone on the wireless charging pad, many have reported overheating messages on their phones, which halt charging and essentially turn the pad into a fancy place to rest your phone.

Many owners have opted to simply plug their phones into a charging cord. Tesla has acknowledged the problem by releasing several solutions for owners, including a relatively new feature that allows you to simply turn off the charging and simply act as a holder for your phone while driving.

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Gapiński said that he sourced the cooled pad affordably from China, and it cost under $200 for the part.

He removed the existing console charger, swapped in the new unit, confirming a perfect connector fit, and handled the trim differences. Since the parameter isn’t fully secured, he enabled it through custom coding outside official Toolbox.

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The fan activates quietly, blending with AC and seat cooling. He reported the installation was effective and the wireless charging pad worked perfectly; it even kept the phone cool as it stayed at just 86 degrees Fahrenheit. Many times, the wireless charging pad will bring the phone’s temperature well above 100 degrees, sometimes even being relatively hot to the touch.

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This retrofit highlighted an elegant, owner-driven solution to a factory shortcoming. It is expected that Tesla will begin installing the cooled charging pads into new cars in the U.S. soon, and hopefully, it will offer some sort of retrofit service or kit to owners here who want to use the charging pad effectively.

For those who love to tinker, it’s an accessible upgrade, proving that innovation thrives beyond the production line.

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Tesla exec says Roadster unveil is soon — for real this time

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(Credit: teslaindiafansclub/Instagram)

The Tesla Roadster unveiling could be coming “in a few weeks,” according to the company’s Chief Designer Franz von Holzhausen, who said at the Tesla Takeover Europe Event in Austria that the all-electric hypercar could finally make its way to the production line after years of anticipation.

Von Holzhausen delivered the news just days after The Information reported that Tesla planned to push the Roadster unveiling to August. It was slated for both April and May of this year, but now it seems the company is leaning toward a late Summer event to cap off the heat with perhaps its most anticipated vehicle of all-time.

Franz has been with Tesla since 2008, and has played a pivotal role in the iconic design language the company has utilized with its vehicles. Speaking to the crowd in Austria virtually, von Holzhausen’s comments injected fresh excitement into a project that has been plagued by delays for nine years.

The second-generation Roadster promises to redefine supercar standards. Tesla’s website still highlights ambitious targets: 0-60 mph in under 1.9 seconds (with optional SpaceX thruster pack potentially achieving 1.1 seconds or less), a top speed exceeding 250 mph, and a range of about 620 miles.

Equipped with a tri-motor all-wheel-drive setup delivering over 1,000 horsepower, the four-seater aims to blend blistering acceleration, everyday usability, and innovative features like cold gas thrusters for short-hop capabilities, technology that will combine the project with SpaceX.

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But years after the company promised to start production, which was slated for 2020, the timeline for the Roadster has continued to shift.

Tesla has strung along those who have put $50,000 deposits down, as well as fans and enthusiasts of the company who have been long awaiting the company to bring forth a car truly designed for the human driver, and not autonomy. The Roadster is more than just a halo vehicle for Tesla; it showcases the company’s ability to push the boundaries while incorporating synergies from other Musk companies.

However, it has to make it to production, which is something Musk and Co. have pushed back repeatedly.

As Tesla navigates Robotaxi development and broader autonomy goals, the Roadster serves as a reminder of its performance roots. If von Holzhausen’s timeline holds, fans could witness this engineering marvel by late June or early July 2026. Whether a full unveiling, demo, or initial deliveries, it marks a milestone for electric supercars.

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Tesla Roadster unveiling gets pushed again, but new event details emerge

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Credit: Dan Burkland

Tesla has reportedly pushed the unveiling of the Roadster once again, but there are also evidently new details about the event that the company plans to show off.

The Information reported this morning that Tesla will now unveil, for the second time, the next-generation Roadster in August, a further delay from the multiple timeline that the company had previously stated.

The report has not been confirmed or denied by Tesla at any capacity.

It also states the unveiling event will take place in Texas, the same place that Tesla executives revealed in May would be the place of manufacture for the company’s highly-anticipated supercar, which boasts a top speed of over 250 MPH and 650 miles of range, according to its website.

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Tesla is also expected to showcase the SpaceX package, which will be used for faster acceleration and potentially hovering capabilities, at the unveiling event, the report states. Musk has always planned for this to happen, but now it seems it is more realistic than ever

The Roadster has had its unveiling date and manufacturing date pushed back on many occasions. It was set to start production in 2020, but the COVID-19 pandemic crippled supply chain operations, forcing Tesla to push its timeline back considerably.

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However, COVID has been over for some time, and Tesla has still not managed to successfully schedule and execute an unveiling event, which is something fans and enthusiasts, as well as those who have put down a $50,000 deposit, have been waiting for.

The vehicle was close to completion last year, but Musk truly wanted Lars Moravy and Franz von Holzhausen to push the limits of the Roadster. In July of last year, Moravy said:

“Roadster is definitely in development. We did talk about it last Sunday night. We are gearing up for a super cool demo. It’s going to be mind-blowing; We showed Elon some cool demos last week of the tech we’ve been working on, and he got a little excited.”

It is important to note two things: Tesla has not confirmed these details, and the company has regularly pushed these dates back. Until Tesla sends out formal invitations with a concrete date, taking any unveiling event reports with a grain of salt is a good idea.

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