The female owner was sentenced to pay 2,000 yuan, Tesla's latest statement: The incident caused hundreds of millions of losses, and it will be appealed...
Edited by Li Zedong
According to China News Weekly on November 27, recently, Tesla v. "Shanghai Auto Show Incident" owner reputation infringement case, the court made a judgment, finding that Xi'an Ms. Li reputation infringement liability is established, must publicly apologize to Tesla and compensate 2,000 yuan, while bearing 20,000 yuan of vehicle appraisal fees. After identification, the vehicle involved in the case did not have brake problems.
It is understood that Tesla demanded 5 million yuan in compensation from Ms. Li in the first instance, but the amount of compensation awarded was only 2,000 yuan. On November 27, Tesla told reporters that the loss caused by the incident was huge, and the loss of Tesla's orders and goodwill was assessed by a judicial evaluation agency to be as high as hundreds of millions of yuan.
Tesla said it would appeal.
According to previous reports, the defendant, Ms. Xi'an Li, was involved in a traffic accident while driving a Tesla in March 2021. On April 19, 2021, Ms. Li from Xi'an and Ms. Zhang from Henan appeared at the Tesla booth at the Shanghai Auto Show, wearing clothes with the words "brake failure". On the same day, Ms. Zhang in Henan was administratively detained by the public security organs for disturbing public order, and Ms. Li in Xi'an was given an administrative warning.
Image source: Screenshot of the Red Star News video
The court ruled that Tesla's "No. 2 person" for rooftop rights protection lost the lawsuit: he must apologize! The results of the vehicle appraisal were announced
Recently, Tesla's "brake failure case" and the Shanghai Auto Show roof incident ushered in major progress, and the "No. 2 person" was sentenced to apologize to Tesla for compensation.
According to a report by Southern Metropolis Daily on November 22, the reporter learned from Tesla that recently, Tesla v. Shanghai Auto Show incident Xi'an female car owner reputation infringement case, the court made a first-instance judgment, finding that Ms. Li in Xi'an was legally liable for reputation infringement and must publicly apologize to Tesla and compensate for the loss of economic losses and rights protection costs of 2,000 yuan.
According to a report by Red Star News on November 22, the party Xi'an Ms. Li said that this is actually a second-instance judgment, and the first-instance judgment was made as early as December 2021, and the result was that Ms. Li won the lawsuit. Regarding the result of Tesla's victory in the second instance, Ms. Li said that she respects the court's judgment, but will reserve the right to apply for a retrial.
On April 19, 2021, the first day of the Shanghai Auto Show, two Tesla owners, Ms. Xi'an Li and Ms. Zhang of Henan, wore clothing with the words "brake failure" to defend their rights at Tesla's booth, and one of the owners also stood on the roof of the car. Both owners claimed that the cause of the accident while driving the Tesla they purchased was a "brake failure."
Tesla's claim was rejected in the first instance,
The female owner of Xi'an won the lawsuit
According to a report by Red Star News on November 22, the reporter obtained the first-instance and second-instance verdicts of the case from Ms. Li in Xi'an. According to the first-instance judgment, the plaintiff Tesla v. Ms. Li was heard in open court on December 7, 2021 after being accepted by this court.
The first-instance verdict, provided by the interviewee Image source: Red Star News
As can be seen from the first-instance judgment, Tesla's litigation claims include a public apology for Ms. Li, as well as compensation for Tesla's economic losses and rights protection costs totaling RMB 5 million due to the infringement.
According to the judgment, the court held that, firstly, according to the WeChat chat records provided by Tesla, it could be proved that before the accident, Ms. Li had reported to Tesla's sales staff that the vehicle involved in the case had brake problems, and the court did not support Tesla's claim that Ms. Li had fabricated facts to infringe on her right to reputation. Secondly, from the perspective of the cause of the incident, Tesla's sales staff did not respond positively to Ms. Li's reflection and did not conduct on-site inspection of the vehicle, resulting in a dispute between the two parties, so Tesla's behavior has certain objective factors in the cause of this case. Finally, as a well-known brand, car sellers should actively respond to reasonable complaints from consumers, and only by discovering and actively solving problems can they continuously improve their product quality and service quality, thereby enhancing their social evaluation.
The result of the first-instance verdict, the picture was provided by the interviewee Image source: Red Star News
On December 14, 2021, the Weiyang District People's Court of Xi'an City issued a judgment rejecting Tesla's claim. With regard to Ms. Li's conduct, the court held that as a consumer, she should take reasonable and legal means to express her demands and protect her rights, and that some of the words used by the defendant in protecting her rights such as pulling banners were indeed a bit extreme, and this court criticized her.
The female car owner in Xi'an lost the second instance,
He was sentenced to apologize and pay two thousand in compensation
According to Red Star News, after the first trial, Tesla appealed. On November 9, 2023, the Weiyang District People's Court of Xi'an City made a second-instance judgment in the case.
According to Yicai and Southern Metropolis Daily, recently, Tesla v. Xi'an female car owner in the "Shanghai Auto Show Incident" case of reputation infringement, the court made a judgment, finding that Ms. Li in Xi'an was liable for reputation infringement and must publicly apologize to Tesla and compensate for losses, and bear the vehicle appraisal fee.
During the trial of the case, the court entrusted a judicial appraisal agency to conduct an appraisal of the vehicle, and the appraisal opinion was that the current technical condition of the braking system of the Tesla Model 3 model car was normal, effective and trouble-free, and there was no situation where the brake pedal could not be pressed and the braking efficiency was reduced. Comply with the relevant technical standards of "Technical Conditions for Motor Vehicle Operation Safety" and "Motor Vehicle Safety Technical Inspection Items and Methods".
Image source: Shangguan News
Tesla showed Ms. Li scraping the surveillance video of the accident scene, and the white car was Ms. Li's car. Image source: Southern Metropolis Daily
According to Red Star News, the court held that in this case, Ms. Li, without sufficient evidence to substantiate it, used banners, shouted slogans, used insulting words, published false remarks on online media and other behaviors prohibited by law, obviously exceeded the reasonable threshold for rights protection, caused a serious negative impact on Tesla's corporate image, lowered social evaluation, and suffered serious economic losses, and should be deemed to have damaged the plaintiff's right to reputation, and should bear tort liability; Considering that the defendant's infringement has indeed led to a significant decrease in the plaintiff's social evaluation, negatively affected the plaintiff's business reputation, affected the plaintiff's business performance to a certain extent, caused corresponding economic losses to the plaintiff, and paid a large amount of rights protection costs, it is more appropriate for the court to compensate the plaintiff for economic losses and rights protection fees of 2,000 yuan at the discretion of the defendant.
In the end, the court made a judgment and found that Ms. Xi'an Li's liability for reputation infringement was established.
According to the judgment, the defendant Ms. Li should delete all remarks and comments published on Sina Weibo that damage the reputation of the plaintiff Tesla (Shanghai) Co., Ltd. within 10 days from the effective date of the judgment, apologize to the plaintiff in writing on Sina Weibo, publicize it for no less than 15 consecutive days, and compensate the plaintiff for economic losses and rights protection costs of 2,000 yuan.
The case acceptance fee of 25,500 yuan (paid by the plaintiff in advance) shall be borne by the plaintiff and 110 yuan shall be borne by the plaintiff, and the appraisal fee of 20,000 yuan (paid by the plaintiff in advance) shall be borne by the defendant, and the defendant shall pay the plaintiff together with the above payment.
National Business Daily integrates China News Weekly, Red Star News, China Business News, Southern Metropolis Daily, Shanghai Securities News
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