AutoBeta(AutoBeta.net)03/03 Report--

Recently, according to Phoenix New Media Science and Technology report, the sensational "Shanghai Auto Show Tesla rights incident" two years ago ushered in a court decision. According to the judgment, Ms. Li's reputation tort liability was established, and she had to make a public apology to Tesla and compensate for the loss of 2000 yuan, as well as bear the vehicle appraisal fee.

It is understood that the defendant Ms. Xi'an Li had a traffic accident driving Tesla in March 2021. Ms. Li from Xi'an and Ms. Zhang from Henan, wearing T-shirts with the words "brake failure", appeared at the Tesla booth of the Shanghai Auto Show on April 19, 2021. On the same day, Ms. Zhang from Henan climbed onto the roof of Tesla and shouted "Tesla's brakes failed." she was later detained by the Qingpu Branch of the Shanghai Municipal Public Security Bureau for disturbing public order, while Ms. Li from Xi'an was given an administrative warning.

As can be seen from the judgment exposed on the Internet, during the trial of the case, the judicial appraisal institution appraised the vehicle, and the appraisal opinion is that the braking system of Tesla Model 3 (VIN: LRW3E7EA9LC013130) is in normal, effective and fault-free condition, and there is no case that the brake pedal can not be pressed and the braking efficiency is declining. Comply with the relevant technical standards of "Technical conditions for Motor vehicle Operation Safety" and "items and methods of Motor vehicle Safety Technical Inspection".

The court held that in this case, without sufficient evidence to prove it, Ms. Li used banners, chanting slogans, insulting words and other acts prohibited by law, such as publishing false remarks in the online media. this has exceeded the reasonable barrier of safeguarding rights and caused a serious negative impact on Tesla's corporate image, reduced social evaluation and serious economic losses. It should be determined that the reputation of the plaintiff has been damaged and shall bear tort liability. Considering that the defendant's tort has obviously reduced the plaintiff's social evaluation, had a negative impact on the plaintiff's commercial reputation, affected the plaintiff's business performance to a certain extent, and caused corresponding economic losses to the plaintiff, and paid a large amount of rights protection costs, it is more appropriate for the defendant to compensate the plaintiff for economic losses and rights protection fees of 2000 yuan.

Finally, the court ruled that the defendant Li deleted all remarks and comments made on Sina Weibo that damaged the reputation of the plaintiff Tesla (Shanghai) Co., Ltd., and apologized in writing to the plaintiff Tesla (Shanghai) Co., Ltd. on Sina Weibo for not less than 15 consecutive days. At the same time, the defendant Li compensated the plaintiff Tesla (Shanghai) Co., Ltd. for economic losses and rights protection costs of 2000 yuan, and bear the appraisal fee of 20000 yuan.

Netizens also commented on the verdict of the incident. Some netizens said that they believe in the judgment of the law, and since the result has been given, it shows that Tesla himself is fine. Want to drive Tesla actually need to adapt, it is different from the traditional car, can not adapt to really do not recommend choice.

Some netizens said that the problem of drivers, to frame the brand, this kind of thing has a great impact on car companies and other car owners! But in the end, the verdict was only an apology + compensation of 2000 yuan, isn't that a little bit? It is worth noting that an insider close to Tesla disclosed to the media that in order to promote the identification of the accident vehicle to prove its innocence, Tesla found a buyer after Ms. Li in Xi'an sold the vehicle and bought back the vehicle involved in the case. and paid the identification fee, spent hundreds of thousands of yuan before and after the truth of the accident.

In an interview with the media today, Ms. Li, the protagonist of the incident, said: the verdict of this trial is the judgment of the second instance, and the verdict of the first instance was handed down in December 2021, and Ms. Li won the case. As to why the verdict of first instance was not released to the public, and Weibo was deleted after the Shanghai auto show, Ms. Li said that it was mainly because of the relevant pressure that she chose to be silent. As for the result of Tesla's victory in the second trial, Ms. Li said that she respected the court's decision, but would reserve the right to apply for a retrial.

As for the verdict, some legal personages said: in this incident of safeguarding the rights of the Shanghai auto show, Tesla's behavior of safeguarding the rights of car owners is extreme and irrational, which has brought some trouble and influence to Tesla and other car owners. Therefore, it is also in line with laws, regulations and ethics to be sentenced to apologize. In the face of quality problems, consumers should get reasonable compensation and protection.

However, some acts of safeguarding rights may be extreme and irrational, and even some malicious attacks and slanders. Such behavior is not only not conducive to the solution of the problem, but also has a negative impact on other consumers and society as a whole. When it comes to safeguarding rights, we should adopt a rational and fair attitude and respect facts, laws and regulations.

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