Tesla is being sued for an allegedly defective battery catching on fire in crash
23 replies, posted
A tragic fatal accident that happened last year in a Tesla Model S is coming back to haunt the automaker as the family of one of the deceased passengers is suing Tesla over what they claim was a defective battery pack catching on fire and leading to the fatality.
In May of last year, two Fort Lauderdale teens were killed and a third was injured after the Tesla Model S driven by 18-year-old Barrett Riley crashed into a concrete wall at 116 mph.
The vehicle quickly caught on fire after the crash.
Now, Reuters reports that Chicago law firm Corboy & Demetrio is representing the estate of Edgar Monserratt Martinez, the passenger killed in the crash, in a lawsuit against Tesla.
In the lawsuit, they claim that a defective battery pack led to the fire and that Tesla “failed to warn purchasers of its vehicles of the battery’s dangerous condition.”
Furthermore, they say that Riley’s parents had a speed limiter installed at a Tesla service center two months before the accident, but Riley apparently had it removed at another service center without his parent’s knowledge.
Teslas catch fire after an accident less than the national average. And on top of that, this lawsuit is total fucking horse shit. Defective battery caught fire after a crash? What about doing 116 miles per hour and causing the crash in the first place? Don't you think that might have had something to do with it?
Case should be torn up for doing 116 in a 30, on a curve no less.
I don't understand the argument about their kid being able to get the speed limiter removed. A 18 year old walking into a service shop, paying for the service and getting it done doesn't sound that weird even if the car wasn't in his name. The family is obviously in grief though and I feel for them.
Imagine trying to make money over the body of your dead kid. Just kill yourself, because money won't heal legitimate hurt
the lawsuit should be focusing on this instead
Riley’s parents had a speed limiter installed at a Tesla service center two months before the accident, but Riley apparently had it removed at another service center without his parent’s knowledge.
definitely makes me think this is just a grab for money, there's a big tesla hate crowd so no wonder this is viral
How is this Teslas fault? Another couple expecting someone else to do the parenting for them.
Tesla's really on top of things when it comes to telemetry. I remember Top Gear tried to discredit the original Tesla Roadster by lying about the battery, only for the telemetry data to later show that they were in fact driving around a parking lot for hours to drain it.
And every single crash I've heard about happen in ridiculous circumstances or very high speeds.
The Tesla cars top the NHTSA charts for safety for a reason.
hope the family gets charged for this frivolous lawsuit tbh
like, people make fun of the lady who sued mcdonald's for spilling hot coffee on her lap but even that case had some merit past the headlines
Eh, just throw it out and leave them be.
That lawsuit had tons of merit and it's disgusting how the public remembers it.
It had a whole campaign that was totally shady to distort facts heavily.
Causing first degree burns requiring skin grafts is not a good temperature for coffee.
The amount awarded was decided by a jury to ensure McDonald's would actually be penalized than just given the amount she wanted (which was medical costs)
So am i reading this right and seeing that the guy died of immolation and not a 116 mph impact?
Buying a kid a Tesla was just asking for trouble tbh even with the limiter, you don't hand that kind of performance to an 18 year old and expect them to have the driving skills or responsbility to use it properly.
If this were a BMW or a Mustang like is so often the case with these accidents, the parents would only have themselves to blame.
The kid was 18 so legally an adult and can make those kinds of decisions in the eyes of the law. Depending on if the title was also in his name as well, there's nothing that would be outside reasonable service from a service center tbh.
I wouldn't call a gag at the end of a film a lie. They've had running out of gas endings for gas powered vehicles too, doesn't mean they're lying about the nature of ICE's
If you make a car that doesnt have a defective battery pack after a 116mph impact with a concrete wall, i applaud you
I would be hard pressed to find any fucking car that will let the occupants survive a 116MPH crash into a concrete wall.
Well, true. Top Gear was always staged for humor and such.
But Teslas strength is that they're not easy targets for this kinda stuff.
Anything over 80mph and a wall will result in something like this, doesn't matter if its an ICE or EV, the rules of physics are at play.
Nothing is going to survive ramming into a wall at high speed.
This lawsuit really needs to be thrown out, its got nothing to stand with, its not even the parents of the driver who are filing it, its the parents of a fucking passenger, it just screams cash grab as grim as it looks.
Wow, by comparison, the Barrett tesla crash is actually way better.
But the crash isn't quite as simple as it has been made out to be.
"The report says the two 18-year-olds, seniors at Fort Lauderdale's Pine Crest School, were wearing seat belts as the Tesla slammed into a wall twice, caught on fire, then careened across Seabreeze Boulevard into a light pole. Riley lived in Fort Lauderdale; Martinez lived in Aventura.
As for the battery that caught on fire, the report says, "Small portions of the lithium-ion high-voltage battery had separated from the vehicle, and — though there was no visible fire — (Fort Lauderdale Fire Department) applied water and foam to the debris.
"During the loading of the car for removal from the scene, the battery reignited and was quickly extinguished. Upon arrival at the storage yard, the battery reignited again. A local fire department responded to the storage yard and extinguished the fire."
The Tesla looks like it had two glancing blows before impacting a pole. This apparently slowed the vehicle down to about 86 mph before the final impact according to the black box. The fire may have legit been the thing that killed them.
Not that it matters. They were doing 116. Cars don't have to be rated for accidents at 116. Any failure at that point is understandable.
A 116 mph impact is nothing to snuff at. Honestly, if the car didn't start on fire, that would be an incredible testament to the safety design of these cars.
But at the end of the day, its still just a consumer sedan with a crazy powertrain. Race cars are literally designed to take impacts like these and drivers are dressed in gear head to toe with the expectation that they will. With EMT's on standby. And they are still sometimes fatal. A Model S driver would stand no chance. The fact that even one person survived is a miracle.
I fully expect this to be tossed out as soon as they see the gross negligence with that much speed.
The fact he survived the crash long enough to burn alive is a testament to the build quality of the Model S.
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