- Mallory Harcourt alleges that in 2018, a Tesla Model X ran over her after her two-year-old son inadvertently started it.
- Eight-and-a-half months pregnant at the time, the incident broke her pelvis, and forced her to experience a premature delivery that she described as “excruciating.”
- The woman’s lawyers blame a design flaw in the vehicle, but Tesla’s attorneys say she was being negligent.
A California woman is suing Tesla, alleging that a design flaw in the Model X allowed her two-year-old son to start the vehicle and drive into her while she was pregnant with her second child. Tesla denies the allegation.
Mallory Harcourt is the woman at the center of this story. She and her husband purchased the Model X in 2018, primarily for its perceived safety. However, a mere two days after Christmas, the traumatizing accident prompted her to reevaluate their decision to acquire the EV.
Read: Judge Advances Lawsuit Alleging Tesla Reduced Range By 20% With Software Updates
According to her lawsuit, Harcourt arrived at her home on the day of the incident, and realized that she had forgotten her house keys at her husband’s chiropractic clinic, reports The Miami Herald. Because her son needed a new diaper, she decided to set up a changing station in her garage before heading back.
She removed her diaper bag from the car and left the driver’s door open. While she was occupied, her son wandered away from her and climbed into the vehicle. Upon realizing his whereabouts, she called out to him and began walking toward the Model X.
While in the footwell of the vehicle, the boy made contact with the brake pedal, and started the car, according to the lawsuit. He then touched the gear shift lever, putting the car into drive, and hit the accelerator pedal, causing the electric crossover to reach a speed of 8 mph (12 km/h).
Harcourt said she “had virtually no time to react,” and that she heard her bones break during the incident. After a neighbor called 911, it was discovered that she had broken her pelvis. Eight-and-a-half months pregnant at the time, she was forced to endure an “excruciating” premature delivery a week later.
She was also forced to spend a week in the hospital, which cost her $73,000 in medical expenses, according to her attorneys. Although her injuries have healed, she said she still experiences pain and her son has emotional trauma from the accident.
Harcourt’s lawyers argue that while it is reasonable to expect a toddler to climb into a vehicle, “no one would expect a toddler to be able to cause a car to start.” They further allege that the accident happened “due to the Tesla’s unsafe design.” The automaker rejects that explanation, and its lawyers argue that Harcourt’s injuries resulted from her “own negligence in leaving her son unattended.”
A jury trial for the case started on April 11, and Harcourt is seeking an unspecified amount in damages for medical expenses, emotional distress, and more.
