The firm said that “[N]o additional warnings would have, or could have prevented the alleged incident, the injuries, losses, and damages alleged.”
They maintained that overuse or poor maintenance of the subject product in a way that Tesla could not have reasonably predicted was the cause of the two brothers’ “damages” and “injuries,” if any.
According to the family, Genesis believed the vehicle could securely drive itself because of Elon’s claims about the Autopilot and self-driving technologies.
Elon Musk said in 2014 that “I’m confident that — in less than a year — you’ll be able to go from highway onramp to highway exit without touching any controls.”
The Mendoza family also claims that Tesla knew their vehicles couldn’t live up to the expectations. The Autopilot function was “probably better” than a human driver, he said in 2016.