A Santa Barbara mother has filed a personal injury lawsuit against Tesla, saying that her toddler got into the driver’s seat of her Model X SUV, put it into gear, and pinned her against the wall. According to a news report in The Drive, 31-year-old Mallory Harcourt says she was eight months pregnant at the time and gave birth prematurely as a result of the incident. The vehicle suddenly accelerated and struck her, cracking her pelvis in three places and breaking her leg, she said.
Dangerous Design Flaw
Harcourt reported that she had parked her three-day-old Tesla in the driveway with the engine off. She had left the Falcon doors open as she got her toddler and some groceries out of the car. As she walked toward her garage, Harcourt said her 2-year-old son ran back toward the car and jumped into the driver’s seat.
The mom stepped in front of the vehicle and claimed it lurched forward unexpectedly, striking her and pinning her against the wall. Her lawsuit states the impact broke her leg and fractured her pelvis in multiple places, along with forcing the premature delivery of her daughter through said fractured pelvis once she received medical attention at a nearby hospital.
The lawsuit also claims that witnessing his mother’s pain for months traumatized her son, necessitating therapy. Harcourt said in her statement that her toddler learned how to start and operate the Tesla faster than an adult can open a childproof bottle.
The lawsuit says a design flaw in the Tesla makes it highly unsafe. The child apparently lodged between the accelerator and driver’s seat, pulled the gear lever, and accelerated directly into his mother. Tesla has stated that the incident occurred due to an “unsupervised child” successfully shifting the vehicle into gear and then applying the gas.
Justice for Victims
Tesla has said this situation is not “reasonably foreseeable.” The lawsuit urges Tesla to issue a formal advisory and make a safety modification to the Model X’s start-and-drive functionality. Multiple lawsuits accusing Tesla’s vehicles of unintended acceleration have been filed against the automaker, but none have yet won or even made it to court.
As auto defect lawyers, we are deeply concerned about the problems this Tesla design flaw might cause for consumers. If you or a loved one has been injured due to these or other auto defects, our experienced auto defect attorneys can help you seek justice and fair compensation for your losses.
Source: https://www.thedrive.com/news/28298/tesla-faces-lawsuit-for-model-xs-unintended-acceleration-that-nearly-killed-pregnant-woman
