[EpochTimesSeptember292021](Epoch Times reporter Liu Yi comprehensive report) On the evening of September 27, the owner of the “car roof rights protection” female car owner posted on Weibo that she had been sued by Tesla and claimed 5 million yuan (RMB, the same below).
A female car owner surnamed Zhang, who had stood on the roof of Tesla to defend her rights, posted a picture of Tesla (Shanghai) Co., Ltd.’s civil complaint on her Weibo on the evening of the 27th. The litigation request 1. Due to the infringement, the defendant issued a statement of apology on his Weibo, which lasted for no less than 30 days, and publicly apologized in the media issued nationwide. 2. The defendant compensated 5 million yuan. 3. The defendant shall bear all litigation costs.
A female car owner surnamed Zhang stated on her personal Weibo that she currently has two disputes with Tesla. One is that she sued Tesla and Tesla’s global vice president Tao Lin for infringement of reputation rights. The case will be held on September 28. Pre-trial meeting; second, Tesla sued her for infringement of her right of reputation. In this regard, she had received a request for pre-litigation mediation opinions from the People’s Court of Qingpu District, Shanghai on August 14. “If either party does not agree to the lawsuit Before mediation, this case will be transferred to trial procedures in accordance with the law.”
On April 19 this year, at the Shanghai International Auto Show, Zhang was wearing a T-shirt with the words “Brake Failure” standing on the roof of a car at the Tesla booth, shouting “Brake Failure”. She said that in February of this year, when she drove a Tesla Model 3, the brakes failed, causing her to crash into two cars and nearly killed four family members.
Zhang offered high compensation to Tesla. Tesla responded twice to “not compromise on unreasonable demands.”
On April 22, Tesla announced Zhang’s driving data before the accident, showing that he was driving at high speed before the accident, and Tesla’s automatic braking system reduced the speed of the car.
On April 28, Tesla issued a statement on its official Weibo, revealing that on the day of the accident on February 21 this year, the driver was Zhang’s father, and Zhang was playing with a mobile phone in the passenger seat.
The statement also stated that in March, Zhang’s husband made it clear that he had a “team” from Beijing to assist him, and he could only be obedient when he was “cooperating” with others. On April 19, Zhang claimed to be three months pregnant. , But the police confirmed that she was not pregnant.
This matter has aroused continuous heated discussions among mainland netizens. The netizen “little friends in kindergarten” said: “Consumption of public resources every day, testing, you used to be the most important brake, testing, the data is also given to you, you analyze, come up with evidence to hammer Tesla, so Many days have passed and no evidence has been produced yet.”
The netizen “jianj09” said: “Why didn’t you sue the car for quality problems? How come it suddenly became a reputation problem?”
Currently, Tesla’s official Weibo has not released relevant information.
In addition to the female car owner surnamed Zhang, another Tianjin car owner who defended Tesla’s rights and received three times the compensation was also brought to court by Tesla.
On September 26, car owner Han Chao announced that Tesla recently took him to court for infringement of reputation rights. Tesla claimed 5 million yuan for economic losses and 50,000 yuan for rights protection, totaling 5.05 million yuan. .
On September 28, Tesla China confirmed the authenticity of the lawsuit to a reporter from China Business News.
According to a report by China Business News, in June 2019, Han Chao purchased a Tesla Model S model through Tesla’s official certification. After that, Han Chao commissioned a motor vehicle judicial appraisal agency to inspect the vehicle and identify it as an accident vehicle. Han Chao took Tesla to court on the grounds of fraudulent sales of used cars in the accident. The court of the first instance ruled that Tesla was a sales fraud, and according to the relevant provisions of the Consumer Rights and Interests Law, “one compensation for three” refunded more than 1.51 million yuan to the owner of the car, Han Chao. Tesla dissatisfied and filed an appeal. On September 17 this year, the second instance of the court still upheld the original verdict of the first instance.
On September 27th, Tesla stated that it had paid a total of 1.5188 million yuan to Han Chao based on the results of the second trial. Han Chao also said that he had received a total of 1.5188 million yuan in compensation from Tesla on the afternoon of September 27.
However, on September 23, Tesla applied for property preservation against Han Chao on the grounds of illegal occupation of two scooters and damage to the scooter. The People’s Court of Beichen District of Tianjin City ruled after review: The bank deposits of Han Chao’s property should be frozen separately 538,800 yuan and 222,800 yuan, for a total of 762,600 yuan.
In addition, Tesla sued Han Chao in August this year for infringing on his reputation and demanded a compensation of 5.05 million yuan.
In response to this, You Yunting, a senior partner of Shanghai Dabang Law Firm, said that the use of words such as “rogue” and “spicy chicken” in Han Chao’s Weibo is indeed beyond the scope of normal business evaluation, and targets these insulting language. , Han Chao may still constitute a reputation infringement. However, Han Chao is the identity of the victimized consumer in the “refund one compensation three” case, and it is difficult for Tesla to prove specific losses. Even if it constitutes an infringement, it will not bear high compensation.
Editor in charge: Li Muen#
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