The 2021 Model 3 vehicle had a "defective and
unreasonably dangerous suspension that may cause loss of control during ordinary
and foreseeable driving conditions," according to the lawsuit filed by the
driver's family in a Florida state court last week. The case was first reported
by legal information site Plainsite.
The lawsuit said that four days before the accident in September,
the driver, Nicholas G. Garcia, brought the vehicle to a Tesla Store due to
problems with "controllability/steering, suspension, battery and
electronic system, and an ability to open the doors."
The lawsuit accused a Tesla service manager of "negligently"
inspecting the affected model.
The National Transportation Safety Board, which is probing
the accident, said in a preliminary report in November that the car was
speeding before crashing into two trees and catching fire.
Garcia, 20, and front-seat passenger Jazmin Alcala, 19,
sustained injuries and "traumatic life ending burns," according to a
Coral Gables Police Department report.
The lawsuit seeks damages of over $30,000 each from Tesla
and the service manager.
Tesla was not immediately available for comment.
The vehicle's under-body struck the roadway after going over
a "hump" in the centre of an intersection, according to the police
report seen by Reuters. The driver lost control and drove off the roadway
before the collision.
In October, Tesla recalled nearly 3,000 2020-2021 Model Y
and 2019-2021 Model 3 vehicles in the United States over a suspension issue.
Tesla recalled 21,599 China-made Model Ys in December, saying a suspension link
may fall out of the steering knuckle under extreme stress conditions.
In 2020, the US National Highway Traffic Safety
Administration opened an investigation into around 115,000 Model S and Model X
vehicles over a front suspension safety issue. © Reuters
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