On September 16, Ms. Zhang, the Tesla (TSLA.US) owner known for her rooftop protest, revealed on her personal Weibo account that the first-instance ruling in her sales contract dispute against Tesla Automobile Sales and Service (Beijing) Co., Ltd. had been issued.
The court ordered Tesla to provide Ms. Zhang with the complete driving data from the 30 minutes preceding the accident within ten days after the judgment takes effect.
Ms. Zhang also requested:
Compensation of 20,000 RMB for economic losses allegedly caused by vehicle defects;
Reimbursement of litigation expenses.
Both claims were rejected.
Court’s Reasoning
The court noted that the vehicle in question is an intelligent connected car, fundamentally different from traditional automobiles. In such cases, the cause of an accident cannot be determined solely by analyzing the real-time performance of hardware; driving data plays a crucial role in accident analysis.
It held that Ms. Zhang’s demand for the 30 minutes of driving data prior to the accident was both reasonable and necessary, falling under the scope of the consumer’s right to know. This data, the court emphasized, is vital for consumers and essential for clarifying accident causes.
Zhang’s Response
Speaking to media, Ms. Zhang said:
“After four years, I finally won against Tesla once! This victory is of great significance to me, proving the legitimacy and necessity of my protest four years ago. Missing data itself is a product defect.”
She explained that she originally filed the lawsuit as a product quality case, but since Tesla had never provided complete data, she later reframed it as a data rights case.
She added that winning this case is only the first step. Once she obtains the data, she intends to apply for judicial appraisal to verify its authenticity and completeness. She also hinted that she will continue pursuing legal actions to fully safeguard her rights, though declined to disclose specific litigation strategies. As of now, Tesla has not publicly responded.
Background of the Dispute
The case traces back to April 2021, when Ms. Zhang climbed onto the roof of a Tesla display vehicle at the Shanghai Auto Show, shouting “Tesla’s brakes failed!” before being removed by security. Later that day, she was placed under five-day administrative detention by Shanghai police for disturbing public order.
Following the incident, Tesla sued Ms. Zhang for defamation, seeking 5 million RMB in damages. In May 2024, the Shanghai Qingpu District People’s Court ruled that Ms. Zhang had infringed Tesla’s reputation, ordering her to publicly apologize and pay 170,000 RMB in compensation. On July 11, 2024, the Shanghai No. 2 Intermediate Court upheld the verdict on appeal.
In response, Ms. Zhang argued that the defamation case was only a “side battle”, stressing that a ruling against her in that case “does not mean Tesla’s brakes did not fail.” She maintained that only by accessing more vehicle data could the truth about the alleged brake failure be determined.
