Tesla Brake Malfunction Incident Judgement Female Car Owner Must Publicly Apologize to Tesla and Compensate for Losses, as well as Bear the Vehicle Evaluation Costs How Should We View This Matter?

On November 22nd, the court issued a first-instance judgment in the case of Tesla v Shanghai Auto Show Incident, acknowledging the establishment of Ms Lis infringement of the right to reputation and ordering her to publicly apologize to Tesla and compensate for damages, as well as bear the cost of vehicle appraisal IT Home Note The defendant, Ms Li from Xian, was involved in a traffic accident while driving a Tesla in March 2021 On April 19th, Ms Li and Ms Zhang from Henan both appeared at the Tesla booth at the Shanghai Auto Show wearing clothing with the words brake failure On that day, Ms Zhang from Henan was administratively detained by the Qingpu Branch of the Shanghai Municipal Public Security Bureau for disturbing public order, while Ms Li from Xian received an administrative warning It was reported that during the trial, the court entrusted a judicial appraisal agency to conduct an appraisal of the vehicle The appraisal opinion stated that the braking system of the Tesla Model 3 car (VIN LRW3E7EA9LC013130) was in normal and effective condition with no malfunctions, and there was no situation where the brake pedal could not be pressed or the braking performance decreased, which complied with the relevant technical standards of Technical Conditions for the Operation of Motor Vehicles and Items and Methods for Safety Technology Inspection of Motor Vehicles According to the courts judgment, the defendant, Ms Li, is required to delete all defamatory remarks and comments regarding the reputation of the plaintiff, Tesla (Shanghai) Co, Ltd, published on Sina Weibo within ten days from the effective date of this judgment, and issue a written apology to the plaintiff, Tesla (Shanghai) Co, Ltd, on Sina Weibo (the specific content to be reviewed by the Peoples Court), with a continuous public notice period of no less than fifteen days Ms Li, the defendant, is also ordered to compensate the plaintiff, Tesla (Shanghai) Co, Ltd, with an amount of 2000 yuan for economic losses and legal fees The case acceptance fee of 25,500 yuan (already paid by the plaintiff) is to be borne by the plaintiff in the amount of 25,390 yuan and by the defendant in the amount of 110 yuan The appraisal fee of 20,000 yuan (already paid by the plaintiff) is to be borne by the defendant, and the defendant shall pay the above-mentioned amounts to the plaintiff together Ms Li, a key member of the Tesla brake failure incident, has been sentenced to apologize

Nov 22, 2023 law, the-automotive-industry, tesla-motors, brake-failure, tesla-brake-failure-incident

TL;DR: The Tesla defamation case and the compensation for damages to reputation.

The title translation: “Tesla Defamation Case and Compensation for Reputation Damages” This is the surveillance restoration:

This is the judgment:

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

According to Article 1024 of the Civil Code, civil subjects enjoy the right to reputation. No organization or individual shall infringe upon the reputation of others through insults, defamation, or other means.

And Article 1000: If the infringer of personal rights is obliged to eliminate the influence, restore the reputation, offer an apology or assume other civil liabilities, such obligations shall be commensurate with the specific nature of the infringing act and the scope of influence caused thereby.

If the infringer refuses to bear the civil liabilities stipulated in the preceding paragraph, the people’s court may enforce it by issuing announcements in newspapers, on the internet, or by publishing legally effective judgments, with the expenses borne by the infringer.

In general, the constitutive elements of the violation of the right to reputation include: the fact that Tesla’s reputation has indeed been damaged, the illegal behavior of the infringer, a causal relationship between the illegal act and the resulting harm, and the subjective fault of the infringer.

Another issue here is the economic losses 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.

Typically, the court believes that the specific amount of compensation should be determined based on factors such as the degree of fault of the infringer, the consequences caused by their behavior, the scope of infringement, and the local average living standard.

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

Summary: The answer discusses the incident at the Shanghai Auto Show and highlights the consequence of the individual’s action. It mentions the lenient treatment, the confrontations between corporations and consumers, and the significance of public relations in Chinese car companies. Additionally, it emphasizes the importance of maintaining a balance in such situations to avoid legal troubles.

Title: Maintaining Balance in Confrontations: Lessons from the Shanghai Auto Show This is actually a very easy question to answer, it’s not a legal issue, it’s just a matter of understanding.

First of all, the incident at the exhibition stand was not charged with a crime that disrupts public order, such as provocation or disturbance of public order, so theoretically it was already treated leniently. The Shanghai Auto Show represents a certain label or business environment for Shanghai, so not escalating the situation further was actually quite gentle. If this had happened in a smaller place, I guess the punishment would have been harsher. Have you not seen the case of a certain medicinal liquor?

Also, I don’t know if you’ve encountered the bodyguards of car companies. I once went to interview a Volkswagen incident, and they wouldn’t even let you take a photo at the entrance. A group of burly men would rush over and try to grab my phone. They don’t care about the law.

So I think a lot of times, the confrontation between enterprises and consumers is very serious. They may act like they’re the underdog when they openly ask you for money, but once you pay, they become the master.

Sorry for digressing.

Now let’s talk about forensic identification. The conclusion of the forensic identification is very clear. The troublemakers couldn’t even hold their ground at the source of the incident. Who will remember their so-called apology? They will only remember the clothes she was wearing.

Many people may not really know how intense the competition is between state-owned car companies and Tesla. Tesla may not have a PR department, but domestic car companies do. For example, today they are actually causing Tesla prices to go up, attracting more people to buy domestic cars. It’s a common strategy for individuals to organize such actions.

Don’t underestimate these life-and-death business battles. But in everything you do, there really needs to be a limit, otherwise you might end up getting caught.

Analysis of the “Tesla Brake Failure” Incident: Vehicle Speeding Identified as the Main Cause

I have already analyzed this accident in a research paper, and the analysis results indicate that the main cause of the accident is speeding:

“Analysis of the Vehicle’s Motion Model in the Tesla Brake Failure Incident”

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

Title: Reconstructing the Tesla “Brake Failure” Incident: Speeding as the Main Cause

Zhongwang also awarded me a certificate for a highly downloaded paper.

Supporting fair and legal judgments

Although not optimistic about Tesla, I have also made fun of it.

However, I support a fair, reasonable, and legal judgment.

Internet Upsurge of Misleading Cases

The Tesla brake failure incident, like countless other news stories, proves once again that netizens are nothing more than a group of easily manipulated individuals.

For those of us who try to remind others to think rationally, we have endured countless criticisms.

But I have become accustomed to it.

Let me list some cases where netizens have been deceived:

The Lin Shengbin Soul Well incident.
The Didi Chuxing driver jumping off the car incident.
The Ai Fukuhara divorce case.
The Peng Yu case.
The Huguo case.
The 49 Middle School case.
The Nanjing memorial tablet case.

Tesla vs. Chinese court: false accusations cost the woman dearly.

You may not believe in Tesla, but can you not believe in Chinese courts?

The court ruled in both the first and second trials that this female owner was defaming.

It is very rare for a foreign company to win a lawsuit on Chinese soil.

This shows the extent to which the female owner lied.

The judgment clearly states that the Tesla in question had no faults whatsoever.

This appraisal agency was appointed by the court, so the appraisal fee of 20,000 yuan was paid to the court.

Tesla has also been very generous, with a written apology published for 15 days and a compensation of 2,000 yuan for damages.

If we were to truly hold Tesla accountable for the amount of money she lost,

Even if she were to sell her entire family, she still wouldn’t be able to afford the compensation.

No official news confirming Tesla brake problem.

Sales volume speaks for all issues. No authority on this topic without long-term Tesla driving experience (over one month). Ask Tesla owners at home for their experience and whether they will repurchase to understand clearly. “Tesla has no brakes” topic is really an IQ filter.

Official news has never confirmed any issues with Tesla’s brakes.
Sales figures speak for themselves when it comes to addressing any concerns.
Those who have not had extensive experience driving a Tesla do not have the right to speak on this issue (driving experience of more than one month).
To get a clear idea, let a Tesla owner who has experienced driving it share their experience and whether they would repurchase.
The topic of “Tesla has no brakes” is really a test of one’s intelligence.

Tesla’s Brake: Misinformation and Responsibility

Any Tesla driver knows that Tesla not only doesn’t lack brakes as some claim online, but actually has an additional brake.

Pressing the brakes is a form of braking, and releasing the accelerator without touching the brakes is also a form of braking. The only possibility is excessive braking, and it is impossible to not be able to stop or mistakenly press the accelerator.

If Tesla drivers can’t stop the car, then those who drive cars with only one brake can only be worse off. It suggests a lack of coordination between the feet and the brain, as well as poor reaction ability. It is recommended to seek medical attention promptly.

However, if attempting to shift the blame to Tesla by taking advantage of the patriotism of netizens, the result will only be what it is today. I hope that all unscrupulous self-media outlets will reflect on themselves and learn from this.

Tesla has already been quite lenient this time, only charging 2000 yuan, but it may not be the same next time.

Clearing Tesla’s Reputation

Not bad, not bad, what great news!

Tesla’s wrongful conviction has finally been vindicated.

Next time, we can gather as a group and wear clothing that says “The brakes didn’t fail” to the Tesla booth to help clear its name.

Shocking Verdict

Such a wicked behavior, causing such a terrible impact. In a situation where the facts are clear, such a shocking judgment is given. I really don’t know whether to marvel or be speechless!