Who is right and who is wrong here in this Tesla wrongful death Lawsuit?

“The crash of the 2014 Tesla Model S sedan likely wouldn’t have happened if a worker at a local service center had not removed a device the teen driver’s parents had installed on the luxury car to prevent it from going faster than 85 mph, the lawsuit filed on behalf of the estate of Edgar Monserratt Martinez said.

Martinez, of Aventura, was the front-seat passenger when the Tesla driven by his classmate, Barrett Riley, traveled at 116 mph, lost control on a curve, careened into a concrete wall on Seabreeze Boulevard in Fort Lauderdale and burst into flames.


Martinez and Riley, 18, died at the scene. The medical examiner identified the young men by their dental records.

After Riley was clocked at 112 mph and ticketed while driving his father’s Tesla a couple months earlier, his parents had the car manufacturer install a device that would limit its top speed to 85 mph, according to the lawsuit.

But when the car was taken in for maintenance at a local service center about a month before the fatal crash, employee James Constantino removed the device without telling the Rileys, the suit said. If they had known, the suit said, “they would not have permitted their son, Barrett Riley, to operate the vehicle.”

If the device hadn’t been removed, Riley wouldn’t have been speeding, wouldn’t have lost control, wouldn’t have crashed and neither he nor Martinez would have died, the lawsuit claims. Filed in Broward Circuit Court on Tuesday, the suit also alleges that the electric luxury car had an unsafe, defective battery prone to catching fire, intensely and uncontrollably.“The batteries have been causing problems in Teslas all over the world,” said lawyer Philip Corboy Jr. “This has been a long ongoing problem with Tesla cars.”


Teenage boys tend to behave in an extremely stupid, reckless and irresponsible way. Let’s get that out the way right away. My question is on the 2 issues in the lawsuit:

1. The speed limiter

2. The apparent higher risk of battery fires vs regular ICE fuel fires

Who’s responsibility/fault is it? 100%? or 50% or 0%?

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