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Family members of activist car owners: reputation infringement is only the first episode, and then sue for brake failure

2024-09-17 Update From: AutoBeta autobeta NAV: AutoBeta > News >

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AutoBeta(AutoBeta.net)05/07 Report--

Without any occupation, Tesla and Tao Lin, vice president of foreign affairs of Tesla, issued some false statements, which have seriously affected the work of individuals and their families, Zhang, the owner of the car in Anyang, Henan Province, said in a statement on May 6. To this end, in order to safeguard their legitimate rights and interests, a civil complaint has been submitted to the people's Court of Beiguan District, Anyang City, requesting that the relevant personnel be investigated for legal responsibility. At present, the people's Court of Beiguan District of Anyang City has accepted the relevant materials.

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Ms. Zhang believes that the plaintiff, as an ordinary car owner, had a product quality dispute with Tesla Company because of a driving accident, and the three defendants should have actively negotiated and dealt with it with an attitude of seeking truth from facts and respecting customers. However, the three defendants publicly made false remarks out of nothing and contrary to the facts in order to create a negative image of the plaintiff being vexatious and professional "car trouble". These remarks have caused serious trouble to the work and life of himself and his family, so he filed a lawsuit to protect his legitimate rights and interests.

According to the contents of the indictment, Ms. Zhang put forward three demands: ordering the three defendants to immediately stop infringing upon the plaintiff's reputation rights and eliminating the influence; ordering the three defendants to make a written apology to the plaintiff and publishing a notice of apology to the plaintiff in the national media; at the same time, publishing a written letter of apology to the plaintiff on its official Weibo (top of Weibo on the 10th); and ordering the three defendants to pay 50, 000 yuan in compensation for mental damage to the plaintiff.

In response to the lawsuit against Tesla Company and Tao Lin, vice president of foreign affairs of Tesla, Tesla said in response to the media this morning that the company has been focusing on product quality issues and made every effort to promote vehicles to carry out testing by third-party authorities designated or supervised by relevant departments, so as to help Ms. Zhang return to normal life as soon as possible. But so far, Ms. Zhang has not agreed to accept qualified third-party testing designated or supervised by the relevant departments.

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Tesla said that the driver was Ms. Zhang's father at the time of the accident, but her father did not come forward to explain the driving situation at that time. Ms. Zhang described as "playing with her mobile phone in the car" at the time of the accident. So far, the allegation of Tesla's "brake failure" is described verbally by Ms. Zhang, and there is no valid evidence approved by the relevant third party.

Tesla said that over the past two months, the company has been actively communicating with Ms. Zhang, sincerely hoping to help her solve the problem, and the relevant government departments have also conducted many mediations, but under the best efforts of all parties, Ms. Zhang has not yet agreed to analyze the EDR data on the vehicle to find out the truth. Tesla said that with regard to the lawsuit brought by Ms. Zhang, the company believes that the law will certainly give a fair and just judgment. At the same time, Tesla will continue to make every effort to promote vehicle testing and give an account to all members of the public who are concerned about the incident.

On April 28, Tesla released a "communication progress and incident description on Ms. Zhang's rights protection at the Shanghai Auto Show", in which Tesla mentioned that Ms. Zhang refused "any form of vehicle testing", repeatedly mentioned "do not recognize third-party testing institutions", "brake failure or fraud", "too many people confuse black and white" and "press the media if you don't return the car."

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In addition, Tesla also said that Mr. Li made it clear that there is a "team" from Beijing around him who can only be obedient to help in "cooperation" with others. The "team" said it can help him "wash white" and meet his demands. When the "team" returns to Beijing, he can find another opportunity to meet with Tesla staff to discuss. With regard to the incident of "safeguarding rights" at the Shanghai auto show, some netizens provided information indicating that Feng, Han and others were the main organizers of the event.

On May 6, the owner of the rights protection car formally submitted an indictment to the court, suing Tesla (Shanghai) Co., Ltd., Tesla (Beijing) Co., Ltd. and Tesla Vice President of Foreign Affairs in accordance with the law, demanding that the relevant personnel be investigated for legal responsibility. At the same time, Feng Shiming, another party involved in the incident, also sent a lawyer letter to Tesla, saying on Weibo that he had decided to sue Tesla (Beijing) Co., Ltd., firmly safeguarding his personal rights and interests.

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It has been two months since Ms. Zhang sat on the roof of the car to defend her rights at the Shanghai Auto Show and now decided to sue Tesla. However, the prosecution of Tesla is just the beginning. Take Han Chao, the previous rights owner, as an example, after more than two years of legal confrontations with Tesla, there are still no results.

It is worth mentioning that Ms. Zhang's prosecution case is not directly related to whether Tesla has brake failure or not. the main point of her prosecution is whether the relevant remarks of the three defendants of Tesla are well-founded and whether they infringe on the right of reputation. Of course, Ms. Zhang believes that Tesla's remarks are groundless and infringe upon her right of reputation, so there is no problem in suing Tesla in court. Ms. Zhang's husband also responded, first suing for infringement of reputation. "this is the first episode." then they will sue the accident car and brake failure. "follow him a little bit and give him the whole series if you want to do it."

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At present, the dispute between Ms. Zhang and Tesla is still in its infancy. Once it rises to the legal level, it will be a protracted war.

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