Tesla Class Action Says Model X Experienced Unintended Acceleration

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Tesla Motors Inc. has been hit with a class action lawsuit alleging its highly anticipated Model X vehicles are plagued by a defect that causes them to experience sudden unintended acceleration and put drivers at an increased risk of accidents.

According to the Tesla class action lawsuit, the motor company is “led by technology pioneer and visionary entrepreneur Elon Musk,” who seeks to transform the automobile industry with the Tesla brand.

Musk reportedly sought to enter the automotive market with a highly technical vehicle that would appeal to eco-conscious consumers who value high performance, cutting-edge technology, safety and luxury.

“The Tesla vehicles are like no other vehicles that have ever been mass produced,” the Tesla class action lawsuit states. Tesla has been a leader in self-driving technology.

In October 2016, Musk reportedly stated that all new Tesla vehicles would have full self-driving capabilities.

However, the Tesla class action lawsuit states that these futuristic vehicles are “only as good as the hardware, engineering, and programming of their onboard computers.”

Even the most highly sophisticated computers can be plagued by glitches, bugs or other unanticipated problems that cause the system to malfunction or crash. Although these crashes can be inconvenient when they take place in a computer system, they can be dangerous if they affect a computer that is controlling an automobile.

“But for a computer that controls a 5,000 pound machine that can explosively accelerate from a standstill to 60 miles per hour in under 3 seconds, the consequences of a computer glitch can be catastrophic,” the Tesla class action lawsuit alleges. “For that reason, there has to be zero-tolerance for any glitch, bug, or malfunction – a goal no computer company has ever been able to achieve.”

The Tesla class action lawsuit points to a high-profile accident in Florida in which the vehicle failed to recognize a fixed object, resulting in a fatal crash.

Plaintiff Ji Chang Son claims that he was driving a 2016 Tesla Model X, which he had purchased in August 2016, when his vehicle experienced “uncommanded full power acceleration” when he was pulling into his garage. The vehicle crashed through the wall of the garage and came to rest in Son’s living room, the Tesla class action lawsuit alleges.

Son asserts that there were 10 reported Model X unintended acceleration incidents in the first year of production, and only 16,000 of the vehicles on the road. He claims that the Model X has experienced 62 times as many [sudden unintended acceleration] events as the average number of SUA events for other manufacturers,” the Tesla class action lawsuit says.

“Rather than correcting the defect through programming logic, Tesla’s strategy in responding to SUA complaints has been to blame any report of SUA on driver error,” Son alleges.

Son seeks to represent a Class of anyone in the United States who are current owners and/or lessees of a Tesla Model X. He also seeks to represent a California subclass. He has asked a court to order Tesla to repair, recall, and/or replace the Model X vehicles and/or extend the warranty to “a reasonable period of time.”

The plaintiff is represented by Richard D. McCune and David C. Wright of McCune Wright Arevalo LLP and Benedict O. Kwon and Stephen L. Ram of Stradling Yocca Carlson & Rauth PC.

The Tesla Model X Unintended Acceleration Class Action Lawsuit is Ji Chang Son, et al. v. Tesla Motors Inc., Case No. 8:16-cv-02282, in the U.S. District Court for the Central District of California.