A woman sued Tesla and claimed that her two-year-old son had climbed into her brand new Model X and rammed the vehicle against her, causing her to prematurely end up in battle.
Mallory Harcourt, 31, filed the trial in Alameda County, California earlier this month and sought unspecified damage for the incident at her home in Santa Barbara in December.
The lawsuit claims that Tesla must have safety features that make it more difficult for a toddler to drive his vehicles.
But Tesla claims it's her son who is guilty, and insists that accidentally pressing an accelerator pedal can happen in any car, not just a Model X.
The complaint describes how, three days after the family had specifically purchased the Model X for its safety features, the horror incident took place in their home garage.
Mallory Harcourt is seen three days before the incident, causing her to have a fractured pelvis and to prematurely reside in her Santa Barbara home in December 2018.
Harcourt is seen with her husband, son who rammed her with Model X, and the newborn baby she delivered a few weeks before the due date after the accident
Harcourt says she put the vehicle in the park and got out to unload groceries and remove her two-year-old son from his car.
The mother left the falcon wing doors of the SUV open when she brought her son and the groceries inside and planned to return to the garage as soon as possible to unload the car, the complaint said.
As Harcourt climbed the stairs to enter the house, her toddler son turned around and rushed back to Model X, climbing into the open driver's side, the indictment says.
When Harcourt walked back to get her son, she walked in front of the vehicle when it suddenly accelerated while her toddler was playing in the driver's seat.
The car then pinned her against the wall.
& # 39; I was trapped and screamed until someone heard me and came for help & # 39 ;, Harcourt recalled in a statement.
Her son started to cry from behind the wheel when he saw that his mother was injured, is the complaint.
The child has been traumatized for months since the incident and required therapy.
Harcourt argues in its lawsuit that Tesla should have designed safety features that prevent a toddler driving his vehicle and causing injury and chaos
Harcourt, eight months pregnant, was rushed to a hospital after neighbors came to her rescue. She suffered multiple fractures to her pelvis and a broken leg and gave birth prematurely, giving birth to the fractured pelvis.
Tesla said in a response to Harcourt's lawyers that it had assessed sensor log data of the incident and that the vehicle had only responded to the operator's inputs.
& # 39; (A) In this case, some of those contributions are said to have come from your customer's son, & # 39; Tesla said in a letter to Harcourt's lawyers, which they published online.
& # 39; Tesla's answer is outrageous, mother, son and unborn baby could have been killed & # 39 ;, attorney Alison Gokal said in a statement. & # 39; My customers are absolutely terrified that this is happening with another family and want Tesla to prevent a recurrence of this tragedy, & # 39; she added.
To accelerate a model X when the vehicle is off and in the park, a driver must press the brake pedal while the key is inside, turn on the vehicle, and then move the gear lever from park to station. There is no ignition switch.
According to the Model X user manual, the vehicle is switched on by depressing the brake pedal (16 above) and then has to be put in the car with the gear lever (7)
& # 39; We've done our research, excited that we've found the safest car for our growing family, only now that we know it's a nightmare & # 39 ;, Harcourt said
The lawsuit claims that the lack of an ignition switch or a similar step to start the vehicle makes it too easy for a small child to operate a Tesla.
& # 39; The driver was not even trained in this case, & # 39; said Gokal.
Tesla said in his letter to Gokal: "We regret that this incident happened, but we have not found another example of this series of events – an unattended child manages to successfully shift the vehicle into gear and then the accelerator pedal. and we do not believe it is reasonably foreseeable. & # 39;
According to the company, Tesla examines sensor logs when a driver claims that their vehicle has unexpectedly accelerated and in all cases has found that the vehicle was functioning as planned.
Tesla points out that accidentally pressing the accelerator pedal can happen in any type of car, not just in a Tesla.
But Harcourt remains convinced that her family has made a mistake by buying their Model X.
"We did our research, excited that we found the safest car for our growing family, but now we know it's a nightmare," she said.
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