— Tesla has filed a motion to dismiss a class action lawsuit which alleges 2014-2016 Tesla Model S door handles are defective.
According to Tesla, a broken door handle "does not render a vehicle unmerchantable."
The 2014-2016 Tesla Model S door handles are built to retract when not in use. Each door handle is flush with the car body until a person approaches and causes the door handle to present itself so the door can be opened.
The Model S door handle pops out by using a motorized mechanism.
Florida plaintiff John L. Urban owns a 2015 Tesla Model S P85D, and he contends one of the reasons he purchased the car was because of the high-tech retractable door handles.
The plaintiff claims the rear passenger door handle stopped popping out, but the door handle was repaired for free under warranty.
But after the Tesla Model S warranty expired, a different door handle stopped popping out which cost the plaintiff $298.20. Then a different door handle stopped popping out which cost the plaintiff $300.60 to repair.
According to the class action lawsuit, occupants are forced to enter through other doors once the motorized mechanism fails. And it's allegedly an obvious safety hazard in an emergency if the door cannot be opened from the outside.
Motion to Dismiss Tesla Door Handle Lawsuit
Tesla argues the class action lawsuit should be tossed because the plaintiff does not have standing to sue.
Tesla begins by alleging the plaintiff is a Florida resident which allegedly means he lacks standing to assert claims under California law.
The plaintiff also allegedly lacks standing to bring claims for breach of express warranty because the alleged defect he references is a design defect which is not covered by the warranty. Tesla told the judge the Model S warranty covers manufacturing defects only, not defects in design.
And the plaintiff also allegedly lacks standing to assert breach of express warranty claims because his one and only warranty claim was honored by Tesla and the Model S door handle was repaired for free.
According to the motion to dismiss, the claims should also be dismissed because the laws of a single state do not stretch to cover a nationwide putative class."
"It is well-settled that a resident of a single state cannot represent a putative nationwide class asserting consumer protection and warranty claims because each class member’s claims will be subject to the laws of their home state." — Tesla motion to dismiss
While the plaintiff pleads claims, Tesla contends his allegations are only "conclusory" and fall short of being specific.
The plaintiff allegedly fails to allege when Tesla allegedly knew of the door handle defect, what Tesla marketing materials he reviewed before purchasing the car and which specific statements he relied upon.
The plaintiff also allegedly fails to explain how the inconvenience of a single door handle failing to pop out constitutes a safety risk on a four-door Model S car.
The Tesla Model S door handle lawsuit was filed in the U.S. District Court for the Northern District of California: John L. Urban v. Tesla Inc., d/b/a Tesla Motors, Inc.
The plaintiff is represented by Miller Shah LLP, and Edgar Law Firm LLC.