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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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Elon Musk’s xAI Secures $3B Investment From Saudi AI Firm HUMAIN

The transaction converts HUMAIN’s xAI stake into SpaceX shares, positioning the Saudi-backed firm as a significant minority shareholder in the newly combined entity.

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Credit: xAI

Saudi artificial intelligence firm HUMAIN has confirmed a $3 billion Series E investment in xAI just weeks before the startup’s merger with SpaceX.

The transaction converts HUMAIN’s xAI stake into SpaceX shares, positioning the Saudi-backed firm as a significant minority shareholder in the newly combined entity.

The investment gives HUMAIN exposure to what has been described as one of the largest technology mergers on record, combining xAI’s artificial intelligence capabilities with SpaceX’s scale, infrastructure, and engineering base, as noted in a press release.

“This investment reflects HUMAIN’s conviction in transformational AI and our ability to deploy meaningful capital behind exceptional opportunities where long-term vision, technical excellence, and execution converge, xAI’s trajectory, further strengthened by its acquisition by SpaceX, one of the largest technology mergers on record, represents the kind of high-impact platform we seek to support with significant capital” HUMAIN CEO Tareq Amin stated.

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The investment also positions HUMAIN for potential long-term equity upside should SpaceX proceed with a public offering.

The investment expands on an existing partnership announced in November 2025 at the U.S.-Saudi Investment Forum. Under that agreement, HUMAIN and xAI committed to jointly develop more than 500 megawatts of next-generation AI data center and compute infrastructure in Saudi Arabia.

The collaboration also includes deployment of xAI’s Grok models within the kingdom, aligning with Saudi Arabia’s broader strategy to build domestic AI capacity and attract global technology players.

HUMAIN, backed by the Public Investment Fund, is positioning itself as a full-stack AI player spanning advanced data centers, cloud infrastructure, AI models, and applied solutions. The Series E investment deepens its role from development partner to major shareholder in the Musk-led AI and space platform.

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Tesla Giga Berlin plant manager faces defamation probe after IG Metall union complaint

Prosecutors in Frankfurt (Oder) confirmed they have opened a defamation probe into Gigafactory Berlin plant manager André Thierig.

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Credit: @Gf4Tesla/X

Tesla’s Giga Berlin plant manager is now under investigation after a complaint from trade union IG Metall, escalating tensions ahead of next month’s works council elections. 

Prosecutors in Frankfurt (Oder) confirmed they have opened a defamation probe into Gigafactory Berlin plant manager André Thierig, as per a report from rbb24.

A spokesperson for the Frankfurt (Oder) public prosecutor’s office confirmed to the German Press Agency that an investigation for defamation has been initiated following a criminal complaint filed by IG Metall against Thierig.

The dispute stems from Tesla’s allegation that an IG Metall representative secretly recorded a works council meeting using a laptop. In a post on X, Thierig described the incident as “truly beyond words,” stating that police were called and a criminal complaint was filed.

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“What has happened today at Giga Berlin is truly beyond words! An external union representative from IG Metall attended a works council meeting. For unknown reasons, he recorded the internal meeting and was caught in action! We obviously called police and filed a criminal complaint!” Thierig wrote in a post on X.

Police later confirmed that officers did seize a computer belonging to an IG Metall member at Giga Berlin. Prosecutors are separately investigating the union representative on suspicion of breach of confidentiality and violation of Germany’s Works Constitution Act.

IG Metall has denied Tesla’s allegations. The union claimed that its member offered to unlock the laptop for review in order to accelerate the investigation and counter what it called false accusations. The union has also sought a labor court injunction to “prohibit Thierig from further disseminating false claims.”

The clash comes as Tesla employees prepare to vote in works council elections scheduled for March 2–4, 2026. Approximately 11,000 Giga Berlin workers are eligible to participate in the elections.

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Tesla wins FCC approval for wireless Cybercab charging system

The decision grants Tesla a waiver that allows the Cybercab’s wireless charging system to be installed on fixed outdoor equipment.

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Credit: Tesla AI/X

Tesla has received approval from the Federal Communications Commission (FCC) to use Ultra-Wideband (UWB) radio technology in its wireless EV charging system. 

The decision grants Tesla a waiver that allows the Cybercab’s wireless charging system to be installed on fixed outdoor equipment. This effectively clears a regulatory hurdle for the company’s planned wireless charging pad for the autonomous two-seater.

Tesla’s wireless charging system is described as follows in the document: “The Tesla positioning system is an impulse UWB radio system that enables peer-to-peer communications between a UWB transceiver installed on an electric vehicle (EV) and a second UWB transceiver installed on a ground-level pad, which could be located outdoors, to achieve optimal positioning for the EV to charge wirelessly.”

The company explained that Bluetooth is first used to locate the charging pad. “Prior to the UWB operation, the vehicular system uses Bluetooth technology for the vehicle to discover the location of the ground pad and engage in data exchange activities (which is not subject to the waiver).”

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Once the vehicle approaches the pad, the UWB system briefly activates. “When the vehicle approaches the ground pad, the UWB transceivers will operate to track the position of the vehicle to determine when the optimal position has been achieved over the pad before enabling wireless power charging.”

Tesla also emphasized that “the UWB signals occur only briefly when the vehicle approaches the ground pad; and mostly at ground level between the vehicle and the pad,” and that the signals are “significantly attenuated by the body of the vehicle positioned over the pad.”

As noted by Tesla watcher Sawyer Merritt, the FCC ultimately granted Tesla’s proposal since the Cybercab’s wireless charging system’s signal is very low power, it only turns on briefly while parking, it works only at very short range, and it won’t interfere with other systems.

While the approval clears the way for Tesla’s wireless charging plans, the Cybercab does not appear to depend solely on the new system.

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Cybercab prototypes have frequently been spotted charging at standard Tesla Superchargers across the United States. This suggests the vehicle can easily operate within Tesla’s existing charging network even as the wireless system is developed and deployed. With this in mind, it would not be surprising if the first batches of the Cybercab that are deployed and delivered to consumers end up being charged by regular Superchargers.

DA-26-168A1 by Simon Alvarez

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