A Chinese woman has been ordered to apologize to Tesla and pay 170,000 yuan, what happened?
AshleyMay 31, 2024, 10:47 AM
On May 30th, the first-instance judgment of the dispute over the reputation rights between Tesla (Shanghai) Co., Ltd. and Ms. Zhang was pronounced. The plaintiff is Tesla (Shanghai) Co., Ltd., the defendant is Ms. Zhang, and the People's Court of Qingpu District, Shanghai, made a first-instance judgment on this case on May 30th: Ms. Zhang publicly apologizes and compensates Tesla (Shanghai) Co., Ltd. for a total loss of 172,275 yuan(RMB).
Ms. Zhang is the Shanghai Auto Show Tesla car roof rights defender. On April 19, 2021, during the Shanghai Auto Show, she climbed onto the roof of the Tesla show car, exclaiming "Tesla brakes failed", and was pulled down and taken away after 3 minutes. Not only that, Ms. Zhang also painted her own Tesla vehicle with the words "brake failure", and placed it on the road, showing Ms. Zhang's Tesla.
According to the judgment of the court, the Qingpu Court in Shanghai believes: In this case, Ms. Zhang did not provide any evidence to prove that the vehicle involved in the case indeed had a brake failure, and she also explicitly admitted in court that the brake failure claimed during the act involved was her subjective judgement. Tesla has never admitted to this fact. During the trial of the case, Ms. Zhang did not apply for judicial appraisal on whether there was a brake failure in the car involved in the case. Therefore, according to the principle of "who claims, who proves", Ms. Zhang should bear the legal consequences of failure to prove.
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