"The plaintiffs contend they have "empirical and anecdotal evidence" indicating that the integrated electronic hardware and operating software of Tesla's 2013-2020 Model S, 2016-2020 Model X and 2018-2020 Model 3 all suffer from the SUA defect."
"According to the consumers, Tesla's strategy is to release vehicles first and fix their problems later, and the SUA defect is all the worse because Tesla vehicles are designed as a "black box," allowing Tesla to withhold vital information from drivers and the general public."
"Tesla's secrecy has made it impossible to pinpoint the precise mechanism of the SUA defect, much less the individual lines of source code or specific hardware components involved in the failure," they alleged in the suit."
"For now, it is sufficient to understand that these defects are manifest in Tesla vehicles and that SUA events are occurring at a statistically significant frequency that is endangering Tesla owners, occupants, and the general public."
"The plaintiffs have asserted that Tesla's counter arguments "add insult to very real injury," asserting in the revised complaint that "it appears that Tesla has designed the automobile's sensors to report after such incidents that the driver depressed the accelerator pedal."
"David C. Wright of McCune Wright Arevalo LLP, one of the lead attorneys for the drivers, said in a statement on Tuesday that he and his clients are "particularly disturbed that Tesla has nevertheless reverted to the 'blame-the-driver' strategy when it comes to the SUA incidents"
"What is worse, according to Wright, Tesla is attempting to have these important safety issues examined in confidential, closed-door arbitration instead of in open court."
"The sad truth is that throughout the country, Tesla vehicles are suddenly accelerating when the driver has not stepped on the accelerator pedal," Wright said. "Increasing reports to the National Highway Traffic Safety Administration ....
... — 79 complaints filed within the last six months alone — prove this every day. Elon Musk and Tesla need to admit the truth and address this safety issue before more people are tragically injured."
The case is Inkie Lee et al. v. Tesla Inc. et al., case number 2:20-cv-00570, in the U.S. District Court for the Central District of California.
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