— The case of California Tesla owner Mallory Harcourt is headed to trial as the plaintiff blames Tesla for injuries caused in December 2018 when her 2-year-old child (B.H.) climbed into the driver's seat and crashed the Tesla into Harcourt.
According to the lawsuit, Mallory Harcourt was eight months pregnant when she purchased the 2018 Tesla Model X.
Just days after the purchase, she drove to her home to unload groceries and tend to her 2-year-old son who was with her.
The lawsuit alleges Harcourt parked in the driveway and shifted the Model X into PARK and shut down the engine.
She removed her son from the car seat and left the doors open while planning on returning to the SUV.
Harcourt and her son were walking up the stairs when her son ran back to the SUV, causing Harcourt to put down the groceries and come back down the stairs to retrieve her son.
However, he climbed into the Model X through the open door and accelerated the SUV forward, "lifting HARCOURT off her feet, carrying her into the garage, then slamming and pinning her into the garage wall."
Mallory Harcourt screamed for help from the neighbors who eventually put the Model X into REVERSE and shut it off.
According to the Tesla lawsuit, Harcourt suffered a broken leg and fractures to her pelvis, causing her to prematurely deliver her baby girl.
The plaintiff contends it was an "un-commanded acceleration event" that caused her injuries, though the plaintiff said her son "learned how to start and operate the Tesla faster than an adult can open a childproof bottle."
Local police investigators determined the child drove the Model X into Harcourt, while the lawsuit alleges design flaws caused the accident.
The 2-year-old allegedly required therapy due to the incident which left him emotionally traumatized.
Harcourt tried to return the allegedly defective Model X to Tesla for a full refund, but Tesla refused and said there were no defects in the vehicle.
Tesla Argues "Unattended Child" Caused Incident
A Santa Clara County jury will hear arguments from both sides, with Tesla preparing to argue Harcourt's son caused her injuries.
According to Tesla, Model X data show:
“B.H. pressed the brake pedal while also pulling the gear selector down, which shifted the Model X from Park to Drive. (The toddler) then continued to push both the brake and accelerator pedals, causing the Model X to move forward.”
The Tesla Model X automatically shifted back into PARK when B.H. stopped pressing the accelerator and brake pedals.
“The facts show that B.H. was able to start the Model X because Mallory left B.H. unattended, left two doors open — including the driver’s door — with the key fob in the vehicle, failed to read the owners’ manual or otherwise educate herself on the available Model X features, and failed to enable Tesla’s unique PIN to Drive feature.” — Tesla
In short, Tesla will tell the jury it denies all liability for the incident and Harcourt's injuries.
CarComplaints.com will update our website with results of the Tesla trial.
