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

On November 27th, in response to Tesla's case of infringement of reputation rights of a female car owner in Xi'an against the "Shanghai Auto Show incident", Tesla said that the incident had caused huge losses to Tesla. After judicial evaluation institutions assessed the loss of Tesla's orders and goodwill as high as hundreds of millions of yuan, Tesla said that he would appeal, hoping to maintain the appeal of the first instance, and asked the female car owner to compensate Tesla for all losses of 5 million yuan.

A few days ago, in the case of Tesla v. the reputation infringement case of the female car owner in Xi'an, the court made a judgment of first instance, finding that Ms. Li's reputation infringement liability was established. She must make a public apology to Tesla and compensate 2000 yuan for economic losses and rights protection fees, and bear the vehicle appraisal fee of 20000 yuan. It is understood that during the trial of the case, the court entrusted a judicial appraisal institution to identify the vehicle, and the results showed that there was no braking problem in the vehicle involved and was in line with the relevant national technical standards.

In March 2021, Ms. Li in Xi'an had a traffic accident driving Tesla. When the accident occurred, Ms. Li found that the brakes could not be pressed, the ABS did not start, the airbag did not eject, and the driving recorder was later found to be empty. Since then, he has made similar remarks like "brake failure" on the social platform for a long time, and interfered with the normal operation of Tesla stores in extreme ways.

In April 2021, Ms. Li from Xi'an and Ms. Zhang from Anyang appeared at the Tesla booth of the Shanghai Auto Show wearing the words "brake failure". On the same day, Ms. Zhang of Anyang was detained by Qingpu Branch of Shanghai Public Security Bureau for disturbing public order, and Ms. Li of Xi'an was given an administrative warning. Since then, Tesla sued Ms. Li of Xi'an and Ms. Zhang of Anyang for infringement of reputation rights, of which Ms. Li of Xi'an was claimed by Tesla to claim compensation of 5 million yuan.

During the trial of the case, the judicial appraisal institution identified the vehicle, and the appraisal opinion was that the current technical condition of Tesla Model 3 vehicle (VIN: LRW3E7EA9LC013130) braking system was normal, effective and without fault, and there was no case that the brake pedal could not be pressed and the braking efficiency decreased, and it conformed to 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 the absence of sufficient evidence to prove it, Ms. Li used behaviors prohibited by law, such as pulling banners, shouting slogans, using insulting words, and publishing false remarks in the online media. this has gone beyond the reasonable barrier of safeguarding human rights. it has caused a serious negative impact on Tesla's corporate image, reduced social evaluation and serious economic losses, and should be determined to have damaged the plaintiff's right of reputation. Should 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.

Since the incident of safeguarding the rights of Tesla in Shanghai, various Tesla accidents have begun to occur in China, but according to the comprehensive appraisal report or the response of Tesla, most of these accidents have nothing to do with the vehicle itself.

Regarding the verdict of this matter, 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.

Welcome to subscribe to the WeChat public account "Automotive Industry Focus" to get the first-hand insider information on the automotive industry and talk about things in the automotive circle. Welcome to break the news! WeChat ID autoWechat