Tesla faces potential punitive damages as judge finds 'reasonable evidence' of Autopilot defect awareness

Max McDee, 25 November 2023

In a significant legal development for Tesla, a Florida judge has ruled that the electric vehicle giant may face punitive damages in a case revolving around Autopilot defects. The judge found "reasonable evidence" that Tesla, including CEO Elon Musk and other executives, were aware of Autopilot flaws while marketing their vehicles as fully autonomous. This revelation could have far-reaching consequences for the company and its stance on self-driving technology.

The case centers on the tragic death of Stephen Banner, the owner of an early Tesla Model 3, whose vehicle collided with an 18-wheeler truck that had turned onto the road, resulting in the roof of the Tesla being sheared off and causing the driver's fatality.

Tesla faces potential punitive damages as judge finds 'reasonable evidence' of Autopilot defect awareness

Judge Reid Scott drew attention to a disturbing parallel between Banner's accident and a 2016 incident where Autopilot failed to detect crossing trucks. This raises concerns about the safety of Tesla's autonomous driving system and whether the company knowingly allowed its vehicles to be operated under potentially unsafe conditions.

The judge's ruling also pointed out Tesla's marketing strategy, which suggested that their vehicles possessed fully autonomous capabilities. Musk's public statements, in particular, played a pivotal role in shaping the public's perception of Tesla's products. One such example cited was a 2016 video showcasing a Tesla car navigating without human intervention. The video's disclaimer, however, explicitly mentioned that the person behind the wheel was present for legal reasons only, emphasizing the car's autonomous driving.

Judge Scott noted, "Absent from this video is any indication that the video is aspirational or that this technology doesn’t currently exist in the market." He added that despite the marketing campaign, it would be reasonable to conclude that Tesla, through its CEO and engineers, was well aware of Autopilot's shortcomings in detecting cross traffic.

Tesla faces potential punitive damages as judge finds 'reasonable evidence' of Autopilot defect awareness

This legal development comes on the heels of recent rulings in California that generally favored Tesla, emphasizing driver responsibility when operating vehicles, regardless of the presence of advanced driver assistance systems like Autopilot. However, legal expert Bryant Walker Smith raised concerns about "alarming inconsistencies" between Tesla's internal knowledge and its public statements, as highlighted by Judge Scott's findings.

Smith noted, "This opinion opens the door for a public trial in which the judge seems inclined to admit a lot of testimony and other evidence that could be pretty awkward for Tesla and its CEO." He added that the outcome of such a trial could potentially involve punitive damages against the automaker.

Originally scheduled for October, the trial in this case has been delayed and has not yet been rescheduled. The outcome of this legal battle could have substantial implications for Tesla's future, particularly in terms of its marketing practices, public perception, and potential financial liabilities.

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