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Tesla's "rooftop rights protection" final verdict: Xi'an car owner's compensation increased to 70,000 yuan

2024-08-05

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Tencent News "First Line"

Author: Lin Keying Editor: Liu Peng

On August 5, Tencent News "First Line"TeslaChina learned that the defamation case between Tesla and Xi'an Li, one of the parties involved in the Shanghai Auto Show incident, has reached the final judgment. The amount of compensation that Li should pay to Tesla has been adjusted from 2,000 yuan in the first instance to 70,000 yuan.

The verdict shows that, commissioned by the court, a vehicle appraisal and assessment company issued an appraisal opinion on the vehicle involved on June 24, 2023. The appraisal opinion is that the current technical condition of Tesla's vehicle braking system is normal and effective without any faults, and there is no situation where the brake pedal cannot be stepped on and the braking efficiency is reduced. It complies with the relevant technical standards of the "Technical Conditions for Motor Vehicle Operation Safety" and "Motor Vehicle Safety Technical Inspection Items and Methods".

On April 19, 2021, Li from Xi'an and Zhang from Henan appeared at the Tesla booth at the Shanghai Auto Show wearing T-shirts with the words "Brake Failure". Zhang even climbed onto the roof of the car. It is understood that both of them had traffic accidents while driving or riding in Tesla one to two months ago. On the same day, Zhang was administratively detained by the Qingpu Branch of the Shanghai Public Security Bureau for disturbing public order, and Li was given an administrative warning.

On November 9, 2023, the Weiyang District People's Court of Xi'an City made a first-instance judgment in the case of Tesla (Shanghai) Co., Ltd. v. Xi'an Li Mou for infringement, and determined that Li Mou was liable for defamation and should delete all remarks and comments published on Sina Weibo that damaged the plaintiff's reputation, apologize to the plaintiff in writing on Sina Weibo, compensate the plaintiff for economic losses and rights protection costs of 2,000 yuan, and bear the appraisal fee of 20,000 yuan.

On May 30 this year, the Qingpu District People's Court of Shanghai made a first-instance judgment on the reputation dispute between Tesla (Shanghai) Co., Ltd. and Zhang. The court held that Zhang's rash actions in the absence of any objective evidence to prove that the brakes of the vehicle in question had failed constituted defamation, and he must make a public apology statement and compensate Tesla for various losses totaling 172,275 yuan.