Tesla Brake Failure Incident Verdict Female Car Owner Must Publicly Apologize to Tesla and Compensate for Losses, as well as Bear Vehicle Appraisal Fees How Should We View This Matter?

On November 22nd, the court made a first-instance judgment in the case of Tesla v Shanghai Auto Show Incident and found that Ms Li from Xian infringed upon Teslas reputation rights, and she must publicly apologize to Tesla and compensate for the losses, as well as bear the vehicle appraisal fees Note by IT Home Defendant Ms Li from Xian was involved in a traffic accident while driving a Tesla in March 2021 On April 19th, Ms Li from Xian and Ms Zhang from Henan appeared together at the Tesla booth at the Shanghai Auto Show wearing clothes with the words brake failure That day, Ms Zhang from Henan was administratively detained by the Qingpu Branch of the Shanghai Public Security Bureau for disturbing public order, and Ms Li from Xian received a warning According to reports, during the trial of the case, the court entrusted a judicial appraisal institution to appraise the vehicle The appraisal opinion stated that the braking system of the Tesla Model 3 (VIN LRW3E7EA9LC013130) was currently in normal and effective condition without any malfunction, and there were no situations where the brake pedal could not be pressed or the braking performance was reduced It complied with the relevant technical standards of Technical Conditions for Road Safety Operation of Motor Vehicles and Inspection Items and Methods for Motor Vehicle Safety Technology The court judgment stated that the defendant Ms Li must delete all defamatory remarks and comments about plaintiff Tesla (Shanghai) Co, Ltd published on Sina Weibo within ten days from the effective date of this judgment and apologize to plaintiff Tesla (Shanghai) Co, Ltd in writing on Sina Weibo (the content is subject to the approval of the peoples court), continuously publicize it for no less than fifteen days Defendant Ms Li must compensate plaintiff Tesla (Shanghai) Co, Ltd with an amount of 2000 yuan for economic losses and safeguarding costs The court acceptance fee was 25,500 yuan (prepaid by the plaintiff), with the plaintiff bearing 25,390 yuan and the defendant bearing 110 yuan; the appraisal fee was 20,000 yuan (prepaid by the plaintiff), to be borne by the defendant, who must pay it together with the above-mentioned amount to the plaintiff Ms Li, a key member of the Tesla brake failure incident, was sentenced to apologize

The Vehicle Dynamics and Analysis of the “Tesla Brake Failure” Incident

I have previously analyzed the Tesla “brake failure” incident in the academic journal Mechanics Practice (Chinese core journal), and the analysis results show that the main cause of the accident was speeding:

Vehicle Motion Model and Analysis of the “Tesla Brake Failure” Incident

The abstract of the paper is as follows:

Based on the Ackermann steering principle of modern vehicles, this paper constructs a model using the vehicle motion equations and combines it with the data released by Tesla to reconstruct the driving state and trajectory before the accident. The results are consistent with Ms. Zhang’s qualitative description of the accident, indicating that the data provided by Tesla is basically reliable. Based on this, the paper also discusses the three questions raised by netizens and car owners, and believes that the braking system of the vehicle was functioning normally at the time of the incident. It is possible that the vehicle was speeding.

This paper is a modification of my previous article on Zhihu:

Title: Tesla “Brake Failure” Incident Reconstruction, Speeding Suspected as the Main Cause

I also received a certificate titled “Selected Academic Essentials High-Download Paper” from CNKI (China National Knowledge Infrastructure).

Tesla Brake Failure in Media

This is the surveillance footage:

This is the court verdict:

This is the media’s news report on Tesla’s brake failure.

According to Article 1024 of the Civil Code, individuals have the right to reputation. No organization or individual shall infringe upon the reputation of others through insults, defamation, etc.

In addition, according to Article 1000, if the act of the perpetrator infringes upon personality rights, they shall bear civil liability to eliminate the impact, restore reputation, offer an apology, etc., which should be proportionate to the specific nature of the act and the extent of the impact caused.

If the perpetrator refuses to assume the civil liability specified in the preceding paragraph, the people’s court may enforce it by publishing notices in newspapers, on the internet, or by publicizing the effective judgment documents, and the expenses incurred shall be borne by the perpetrator.

Generally speaking, the constitutive elements for infringement of the right to reputation include: the fact that Tesla’s reputation has indeed been damaged, the wrongful act committed by the perpetrator, a causal relationship between the wrongful act and the resulting harm, and subjective fault on the part of the perpetrator.

Another issue here is the economic loss caused by the infringement of Tesla’s reputation. In practice, the evidence provided by the company generally cannot prove the actual amount of economic loss.

In general, the court believes that the specific amount of compensation should take into account the degree of fault of the perpetrator, the consequences caused by their actions, the scope of infringement, the local average living standards, and other specific circumstances.

In practice, the amount of compensation awarded for corporate reputation is relatively low.

Shanghai Auto Show Incident: Tesla’s Response and Concerns.

I dare not face it.

I’ll just put the bookbinding aside and let everyone take a look for themselves, while those highly praised answers haven’t been deleted yet.

On the first day of the 2021 Shanghai Auto Show, what happened when a female car owner stood on top of a Tesla to protest? Tao Lin, the Vice President of Tesla China, responded to the incident by saying “Tesla cannot compromise.” How do we evaluate this response? What other information is worth noting? Is there really a problem with Tesla’s brakes? How should we view Tesla’s response to the rooftop protest at the auto show: “If it’s a product problem, we will take full responsibility, but we won’t compromise on unreasonable demands”? How should we view the case of the woman who was detained for 5 days for protesting on top of a Tesla? How should we view the apology of the car owner involved in the Tesla auto show protest: “We should use reasonable and legal means for protest, but we will never compromise”? How should we view Tesla’s apology: a resolute and proactive cooperation with the investigation? How do we evaluate Tesla’s statement on April 21, requesting an authoritative institution designated by the Zhengzhou Market Supervision Bureau to conduct an appraisal, stating that they will accept the results regardless of the outcome? How do we evaluate the data released by Tesla on the accident in Anyang, showing that the speed was reduced to 48.5km/h one minute before the collision, and that there were over 40 braking incidents in the previous half hour? How should we view the claim made by the husband of the female car owner involved in the Shanghai protest that “Tesla’s unauthorized release of driving data has violated personal privacy rights”? Is driving data considered personal privacy? How should we view Tesla’s lengthy apology released on the late night of April 26? How should we view Tesla’s “communication progress and event explanation regarding Ms. Zhang’s protest at the Shanghai Auto Show” released on April 28?

After a quick scan, I discovered that some outrageous answers were written by my friends. Putting aside the bookbinding seems to imply a lack of camaraderie, and at this moment my conscience is in turmoil…

Chinese Translation: 特斯拉独树一帜

English Translation: Tesla Stands Out Only Tesla dares to jump like this; any domestic manufacturer, even without being a major automobile company, can easily make you fall into a clearly pre-arranged trap.

Being a major taxpayer is like being the local god of wealth and the foster parent. Blocking someone’s source of income is like killing their parents. The local government won’t let you escape easily, just like what happened with Hong Mao Medicinal Liquor.

We should all be thankful that Tesla is not in Zhengzhou. Otherwise, one by one, none of them would be able to get away.

The First-instance Verdict in Tesla vs. Shanghai Auto Show Incident.

In this case, Tesla’s lawsuit expenses were mostly self-funded, with the compensation amounting to only a few thousand yuan.

Title translation: The First-instance Verdict in Tesla vs. Shanghai Auto Show Incident. There’s not much to say.

All I can say is: First, the current verdict is the judgment of the first instance, and I don’t know what the result of the second instance is. We should rely on the judgment of the second instance.

Second, in cases involving disputes over reputation, the amount of compensation generally awarded is not high. The main requirement is to issue a self-apology in the media.

Take this case as an example. Most of the litigation fees, which amount to over 20,000 RMB, were borne by the plaintiff himself. The estimated amount claimed in the lawsuit was around 2 million RMB, but in the end, only a few thousand RMB in compensation was awarded.

Second, the amount of compensation in the case is not high. The high amounts go towards litigation fees and appraisal fees. Although Tesla’s claimed compensation amount may be high, it was not supported, but the appraisal fee was.

Phoenix Technology News, November 22 - Tesla filed a lawsuit against a female car owner in Xi’an over the “Shanghai Auto Show Incident” involving infringement of her reputation. The court issued a first-instance judgment, finding that Ms. Li in Xi’an had infringed upon Tesla’s reputation and ordered her to publicly apologize to Tesla and compensate for the losses, as well as bear the vehicle appraisal fees. It is understood that the defendant, Ms. Li in Xi’an, was involved in a traffic accident while driving a Tesla in March 2021. On April 19, 2021, Ms. Li in Xi’an and Ms. Zhang from Henan both appeared at the Tesla booth at the Shanghai Auto Show wearing clothing with the words “brake failure” on them. That day, Ms. Zhang from Henan was detained by the Qingpu Sub-bureau of the Shanghai Public Security Bureau for disturbing public order, while Ms. Li in Xi’an received an administrative warning. During the trial of the case, the court entrusted a judicial appraisal institution to conduct an appraisal of the vehicle, and the appraisal opinion stated that the braking system of the Tesla Model 3 vehicle (VIN: LRW3E7EA9LC013130) is currently in normal and effective condition with no malfunctions, and there is no situation where the brake pedal cannot be depressed or the braking efficiency is reduced. This is in accordance with the relevant technical standards of the “Technical Conditions for the Operation of Motor Vehicles” and the “Safety Regulations of Motor Vehicle Inspection Items and Methods.” The court’s judgment showed that the defendant, Ms. Li, must delete all the remarks and comments that damage the reputation of the plaintiff, Tesla (Shanghai) Co., Ltd., which she posted on Sina Weibo within ten days from the date when this judgment takes effect and publicly apologize to Tesla (Shanghai) Co., Ltd. on Sina Weibo in writing (the contents are subject to the review by the People’s Court), with a consecutive public notice of no less than fifteen days. Ms. Li, the defendant, is also required to compensate Tesla (Shanghai) Co., Ltd. for economic losses and protection of rights expenses in the amount of 2,000 RMB. The case acceptance fee is 25,500 RMB (pre-paid by the plaintiff), with the plaintiff responsible for 25,390 RMB and the defendant responsible for 110 RMB; the appraisal fee is 20,000 RMB (pre-paid by the plaintiff), to be borne by the defendant, and the defendant shall pay the above-mentioned amount to the plaintiff at the same time.

Unreliable Testimonies from Drivers.

Anyone who has dealt with a traffic accident knows that the least trustworthy thing in a traffic accident is the mouth of the driver at fault.

All the so-called news about Tesla brake failures, the evidence is mostly just the mouth of the driver at fault.

Brake failure in a Tesla: My personal experience

As long as there is one case that confirms Tesla’s brake failure due to the installation of a pedal camera, it can be proven.

For now, there hasn’t been any, so I’ll trust the court for now, until there is a video confirming the brake failure, then I will jump up and criticize Tesla like crazy!

I casually answered one and didn’t expect several comments, which shows that Tesla still attracts attention. I saw a few brake-related issues in the comments section. Let’s not bring up Tesla here. Back in 17', I was driving a friend’s old Accord in Wuhan, taking a classmate and his Burmese girlfriend to Xiaogan to get their marriage certificate. On the way back to Wuhan, the brakes failed, and I was scared to death, cautiously using the handbrake to drive back home and dropping it off at a nearby repair shop. Later, they said it was a brake fluid leak or something, in short, the brake fluid pressure was insufficient.

So you see, based on my case, without mentioning others, could it be true that the brakes failed? Although the brake pedal can indeed be stepped on and even pressed to the floor, it really doesn’t work… Let me correct that, it’s not that it doesn’t work at all, it does have some effect when pressed all the way down, but the braking effect is extremely weak, and it’s difficult to stop even at 30 mph.

Although I don’t have a favorable view of Tesla, I have often mocked Tesla.

However, I support fair, reasonable, and lawful judgments.

The Chaozhou Tesla Incident: Seeking Justice for the Victims

There have been many lawsuits regarding Tesla’s brake incident, but I want to use this post to call everyone’s attention to the “Chaoshan Tesla Incident.”

It has been exactly one year since November 5th last year, and this case is still stuck.

In this case, the Tesla ran recklessly for a full 2.6 kilometers, reaching a top speed of 198 km/h in the first 1.2 kilometers. It first collided with a motorcycle, then killed a high school girl riding a bicycle. After that, despite a tire blowout, it continued for another 1.4 kilometers, colliding with a large truck, a van, and a small truck in succession before finally coming to a stop. In the end, it resulted in a tragic incident with 2 deaths and 3 injuries.

Various internet celebrities who reported on this issue have been sued, but because they couldn’t provide enough evidence, they were all defeated in the first trial and either reached a settlement or offered apologies. So they claim there is nothing wrong with the vehicle!

But here’s the current situation: one year has passed, and the driver who operated the vehicle has not faced any criminal responsibility, nor has anything happened to them!

So, who is accountable for the loss of those two innocent lives?

This really baffles me. A few days ago in Wuxi, if a Tesla was driving at high speeds on the highway and not stopping for other vehicles, they would be arrested on charges of “endangering public safety.”

If there is no problem with the Tesla vehicle, then isn’t it a severe case of endangering public safety for the owner to drive at a speed of 198 km/h for 2.6 kilometers on regular roads? Doesn’t it even qualify as reckless driving?

Please immediately arrest and sentence the responsible party to appease public anger and provide justice for the deceased.

“Tesla’s reputation remains intact despite various controversies.”

When Tesla had its “brake failure” incident a few years ago, I asked a simple question: why would a brake failure be accompanied by the accelerator pedal being pressed down? If the brakes fail, shouldn’t the accelerator also fail, and be in a fully depressed state?

Many people confidently claimed that experienced drivers would never mistake the brake for the accelerator. But what happened? From our country’s evaluation agencies to the judicial departments, they all cleared Tesla’s name in the Chaozhou incident and the recent incident.

When public opinion tries to smear someone, there is often a “threshold”. If you can surpass this threshold, then you might be able to crush them. Take the incident involving Zhu Jun for example. Even if the court issued a public notice, many things cannot be restored.

However, if you fail to surpass this threshold, then it becomes troublesome. In the future, it will be even harder to discredit them, just like Apple. Every year at their product launches, there are all sorts of negative information, but people have grown accustomed to it. Even if you continue to criticize, everyone just laughs it off and continues to buy.

Tesla is also heading in this direction. After numerous incidents failed to discredit Tesla, it will be difficult to tarnish their reputation in the future. If they release negative information again, everyone will just say, “Oh, here they come again.”