After an accident on May 8th, Tesla are being sued by the family of Edgar Monserratt Martinez who died in the high-speed crash.

They are claiming that the Tesla battery was defective and that they were negligent when they removed the imposed limiter on the car.

The car in question is a 2014 Tesla model S and according to the family's lawyers, Corboy & Demetrio, “The Tesla S battery was prone to extremely intense fires incapable of being timely extinguished.” It had "inadequate measures to prevent a post-collision fire and had inadequate measures to contain a fire."

They also allege that "Tesla failed to warn purchasers of its vehicles of the battery’s dangerous condition."

The car was being driven by 18-year-old Barrett Riley who also died when the car hit a concrete wall at 116mph. The parents of Barrett had had a limiter installed on the car at a Tesla Service Centre. The Model S had been limited to 85 mph, however it had been removed, apparently without the knowledge of parents and is part of the lawsuit with Tesla being accused of negligence in its removal.

"There have been at least a dozen worldwide reported cases of Tesla S batteries catching fire in collisions as well as while stationary in the last five years," according to Corboy & Demetrio.

A Tesla spokesperson as issued a corporate statement:

"Our thoughts continue to be with the families affected by this tragedy. Unfortunately, no car could have withstood a high-speed crash of this kind. Tesla's Speed Limit Mode, which allows Tesla owners to limit their car's speed and acceleration, was introduced as an over-the-air update last year in dedication to our customer's son, Barrett Riley, who tragically passed away in the accident."

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