TESLA CLASS ACTION LAWSUIT FILED OVER DEFECTIVE BRAKING SYSTEM

TESLA CLASS ACTION LAWSUIT FILED OVER DEFECTIVE

BRAKING SYSTEM

By Christina Davis

July 3, 2017

https://topclassactions.com/lawsuit-settlements/lawsuit-news/779233-tesla-class-action-lawsuit-filed-defective-braking-system/

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TESLA CLASS ACTION LAWSUIT FILED OVER DEFECTIVE

BRAKING SYSTEM

By Christina Davis

July 3, 2017

 

Electric vehicle maker Tesla was

slammed with a class action alleging

the regenerative brakes on Tesla

Models S and X are defective posing a

serious safety risk to drivers and

passengers.

 

Lead plaintiffs, Roy and Marites

Wiseman, allege in their class action

lawsuit that the regenerative braking

system in their Tesla Model X caused

their vehicle to crash down a

mountain in snowy conditions.

 

The plaintiffs claim that the braking system is defective because it does not allow

the driver to coast in snowy conditions and can turn on unexpectedly.

 

“Unlike almost every other passenger vehicle with regenerative braking, Tesla

vehicles activate regenerative braking when the driver lets off the accelerator

 pedal,” the Tesla class action states. “Other vehicles, like the Toyota Prius, only

activate regenerative braking when the driver presses the brake pedal, retaining

the ability to coast.”

 

The plaintiffs say they believed the Tesla Model X they purchased had a non-

defective regenerative braking system that would eliminate the loss of stability

caused by the braking system. However, say the plaintiffs, their vehicle’s

regenerative braking system switched on and caused them to lose control of the

vehicle when they slowed for a curve on a snowy mountain road.

 

“The regenerative braking systems used in both the Model S and Model X create

a substantial risk for the vehicles to lose control in snowy conditions,” alleges the

class action lawsuit. “The vehicle’s automatic regenerative braking system makes

 the vehicles unable to coast, and risk losing control on icy roads due to the

mandatory braking the vehicle imposes on the driver.”

 

The Wisemans allege that when the driver took his foot slightly off the

accelerator to slow for the curve, the regenerative braking system switched on

and the plaintiff immediately lost control of the vehicle. The plaintiffs say they

were stranded in the dark and cold for hours in their severely damaged Tesla

Model X.

 

According to the class action lawsuit, Tesla has known about the problems

caused by the regenerative braking system since 2007, but has failed to fix the

problem. Although a June 29, 2007 blog post on Tesla’s website claims that

“Tesla has ‘developed and verified [a] safety feature’ called ‘regen control’ to

limit the regenerative braking if the vehicle’s rear wheels start to slip, ten years

later Tesla vehicles still suffer from losing stability when the regenerative braking

is engaged in snow or ice.”

 

The plaintiffs further say they relied on Tesla to update the vehicle to fix any

problems using online software updates; however, “Tesla failed to correct the

loss of stability caused by regenerative braking through its over-the-air software

update system,” say the plaintiffs in their complaint.

 

“Had Plaintiffs known that the regenerative braking system and/or the regen

control system of the Subject Vehicle was flawed they would not have purchased

the Subject Vehicle, would not have used the Subject Vehicle in winters and

would have paid substantially less for the Subject Vehicle, or would have

purchased another luxury SUV from Tesla’s competitors,” allege the class action

plaintiffs.

 

Tesla has been hit with a number of other class action lawsuits recently. One

class action alleges the Model X accelerates unexpectedly. Another claims that

Tesla’s autopilot feature is dangerously defective.

 

The Wisemans say they have notified Tesla about their accident and the

defective braking system, but so far Tesla has refused to do anything about the

problem.

 

The plaintiffs are seeking to represent a nationwide Class of Tesla Model S and

Model X owners, along with a California subclass. They are seeking damages and

restitution as well as an order stopping Tesla from selling the vehicles.

 

The Wisemans are represented by Hovanes Margarian of The Margarian Law

Firm.

 

The Tesla Defective Braking System Class Action Lawsuit is Wiseman v. Tesla Inc.,

Case No. 2:17-cv-04798-JFW-AGR, in the U.S. District Court for the Central

District of California.