AutoBeta(AutoBeta.net)08/07 Report--

Today, according to media reports, Tesla's rights protection incident at the Shanghai auto show three years ago ushered in the final judgment. According to the verdict, Tesla won the case, while Ms. Li, the female owner of the Shanghai car show, lost the case and should compensate Tesla 70, 000 yuan.

From the judgment report exposed on the Internet, we can see that the judicial appraisal institution entrusted by the court conducted an appraisal of the vehicle involved in the case. the appraisal opinion is that the current technical condition of Tesla's vehicle braking system is normal, effective and without fault, and there is no case that the brake pedal cannot be pressed and the braking efficiency decreases, which meets the relevant technical standards. The court held that some of the appeal grounds of Tesla Company were established, while Li's appeal grounds were not established, and the court refused to accept Li's appeal claim. Li shall compensate Tesla for 70, 000 yuan in economic losses and rights protection costs on the 10th day from the effective date of this judgment.

In retrospect, the incident took place on the media day of the Shanghai Auto Show in April 2021, when 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 the same day, Ms. Zhang from Henan climbed onto the roof of Tesla and shouted "Tesla's brakes failed." then Ms. Zhang was detained by the Qingpu Branch of the Shanghai Municipal Public Security Bureau for disturbing public order, and Ms. Li from Xi'an was given an administrative warning. According to Ms. Li earlier disclosed to the media, the vehicle in March 2021 driving Tesla traffic accident. After safeguarding her rights at the Shanghai auto show, Tesla sued Ms. Li from Xi'an and Ms. Zhang from Henan, who were defending her rights at the Shanghai auto show at that time, for the infringement of reputation rights, asking for compensation of 5 million yuan.

In November last year, the verdict of the first instance in the reputation infringement case between Ms. Li and Tesla showed that Ms. Li lost the case and was sentenced to apologize to Tesla in writing on the social platform and compensate her for her economic losses and the cost of safeguarding her rights of 2000 yuan. at the same time bear the identification fee of 20000 yuan. At that time, in response to Ms. Li's defeat, Tesla said: he will continue to appeal. At the same time, it is pointed out that compared with the losses caused to Tesla, Ms. Li's rumor-mongering cost is too small. And Ms. Li also responded after losing the case that the vehicle identified by Tesla was the third-hand car that Tesla bought from the buyer more than a year after she sold the car. It was identified as the data from two years ago, which was unconvincing and will continue to appeal. With the arrival of the final judgment, it also means that the honorary infringement case of Tesla and Ms. Li has come to an end.

It is worth mentioning that another party, the reputation infringement case between Ms. Zhang and Tesla in Henan, also ushered in a judgment of first instance on May 30 this year. The verdict was that Ms. Zhang lost the case, apologized publicly to Tesla, and compensated Tesla Company for a total of more than 170000 yuan.

The court held that in this case, Ms. Zhang did not provide any evidence to prove that there was indeed a brake failure in the vehicle involved, and she also clearly admitted in the trial that the brake failure advocated during the implementation of the act involved in the case was her subjective judgment. In this case, Ms. Zhang does not apply for judicial identification of whether there is brake failure in the vehicle involved in the case, so according to who advocates who gives evidence, Ms. Zhang bears the legal consequences of the inability to give evidence. At the same time, in the absence of any objective basis to prove the brake failure of the vehicle involved in the case, Ms. Zhang hastily committed the act of defamation. The court refused to accept Ms. Zhang's opinion that her behavior did not constitute an act of libel.

According to Ms. Zhang, the owner of the activist car, when she accepted the media report, her father drove four people home from outside in Tesla on February 21, 2021. At a traffic light intersection, preparing to slow down, the vehicle suddenly had a brake failure, resulting in a collision between two cars, and finally hit the cement fence on the side of the road before coming to a stop. Ms. Zhang said that in this accident, her parents were injured, her mother suffered multiple soft tissue injuries and her father had a slight concussion. Afterwards, he asked to return the car, but because Tesla did not respond positively, he adopted this way of safeguarding his rights.

The verdict on this case also sparked a heated debate among netizens, with some netizens saying: finally stop distributing according to the trouble and return to the bottom line of the law. The first thing to build a good business environment is the rule of law. Another netizen said: it can't be true, it can't be fake. It is better to seek truth from facts when the truth comes out one day.

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