
OUKITEL P5000 5,120Wh power station at exclusive $1,299, ENGWE e-bikes up to $850 off, Jackery Explorer 100 plus, Rad Power, more
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4 months agoon
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We’re ending this week’s Green Deals with savings on various power stations and e-bikes, headlined by the exclusive $1,700 in savings we secured on the monstrous OUKITEL ABEARL P5000 Portable Power Station with a 5,120Wh LiFePO4 capacity at $1,299. There’s also ENGWE’s 11th Anniversary Sale that is offering up to $850 off single and dual e-bike offers, like the L20 2.0 Utility e-bike that is down at $749. We also have some favorites bringing up the rear, like Jackery’s Explorer 100 Plus Portable Power Station back at its $89 low, as well as the $300 discounts we’re seeing on Rad Power’s Folding and Cargo e-bikes from $1,299 – and don’t forget about the continued low prices on the brand’s RadRunner series, which are getting last calls as supplies are near gone. Plus, all the other hangover Green Deals are in the links at the bottom of the page, like yesterday’s price cuts on the Jackery Explorer 5000 Plus offers (which end tonight), Lectric’s latest XP 3.0 e-bike bundles, and more.
Head below for other New Green Deals we’ve found today and, of course, Electrek’s best EV buying and leasing deals. Also, check out the new Electrek Tesla Shop for the best deals on Tesla accessories.
OUKITEL’s ABEARL P5000 5,120Wh LiFePO4 power station with 15 ports gets exclusive savings to $1,299
We’ve secured a new exclusive deal for our readers from Wellbots on the OUKITEL ABEARL P5000 Portable Power Station for $1,299 shipped, after using the promo code 9TO5OUK at checkout for an additional $300 off. It’s already been brought down from its usual $2,999 price tag, with the extra $300 in savings only sweetening the pot further, especially when comparing its capabilities to competitor models that don’t offer as high a capacity or output for the same price. While this deal lasts, you’ll be getting a 57% combined markdown off the going rate, saving you $1,700 at the best price we can find anywhere.
The OUKITEL P5000 power station provides some substantial backup power support for the cost, starting with a monstrous 5,120Wh LiFePO4 capacity that already stands high above other models in this price range. Through its 15 port options – five ACs, four USB-As, two USB-Cs, two DCs, one cigarette lighter, and one airline socket – this station can deliver a steady stream of power up to 2,200W, with that number surging to 4,000W when needed, allowing it to “power 99% of home appliances.” It comes rated by OUKITEL for up to 5,000 life cycles, so discharging and recharging it daily would supply you with power for up to 13.7 years, with things lasting even longer with more conservative use.
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Plugging OUKITEL’s P5000 power station into a 1,800W wall outlet can refill the battery as quickly as 2.8 hours, while it also has a 1,000W solar input maximum that can refill the battery in up to 5 hours with ideal conditions, as well as the option to connect to your car for charging on the go. There are a few things about it that may be a turnoff for some buyers, like the lack of companion app support (though there is an onboard display) or its lack of expansion options, which may not be all that bad, seeing as it already comes with a sizeable capacity to begin with. There’s also its 115-pound weight, which is rather heavy but more manageable thanks to the wheels and suitcase-style handle, giving it much better portability when taking it out of the house with you.

Gain affordable mobility and utility on ENGWE’s L20 2.0 e-bike at $749 with free $130 gift box ($1,429 value)
ENGWE is currently celebrating its 11th anniversary with a sale taking up to $550 off e-bikes and up to $850 off dual e-bike bundles, alongside giving away gift boxes valued at $130 with select purchases. One of the notable standouts during this sale is the brand’s L20 2.0 Utility e-bike that is down at $749 shipped and comes with a gift box. Normally priced these days at $1,299 outside of sales ($1,429 with the gift box), we’ve seen a few discounts over the last year since its March 2024 release take costs a little lower to $699 and $659, though it’s been seen more regularly around $799 since October. Today’s deal gives you a $550 markdown from its going rate, dropping it to the third-lowest price we have tracked. The included gift box gives you a 25-in-1 EDC tool for on-the-go bike adjustments, a flashlight, and a cute pin.
ENGWE is well known for providing some quality commuting solutions for riders on a budget, with the L20 2.0 e-bike being a solid choice for utility that won’t weigh as heavily on your wallet as other brands. It comes bearing a 750W geared hub motor (peaking at 1,125W) paired with a 676Wh battery in order to provide up to 20 MPH speeds when using the throttle for pure electric riding, and a maximum 28 MPH speed when its five PAS levels are activated. The price is all the more enticing when you see its travel range on a single charge, with throttle-only riding carrying you up to 28 miles while the pedal assistance increases travel times between 68 to 80 miles, depending on conditions.
As is common with many utility models, the L20 2.0 e-bike sports a folding frame that makes it a more space-friendly option on top of the 68-pound weight. It’s also been stocked with some solid features, like mechanical disc brakes on 180 mm rotors, a rear cargo rack, integrated head/tail/brake LED lights, front fork and post suspension, a SHIMANO 7-speed derailleur, puncture-resistant fat tires, and a color LED display.
ENGWE’s notable Anniversary e-bike deals:
ENGWE’s notable Anniversary e-bike bundle deals:

Grab Jackery’s two-pound Explorer 100 Plus 99Wh/31,000mAh power station while it’s back at a $89 low
Coming through the official Jackery Amazon storefront, and also undercutting its direct Earth Day Sale pricing, we spotted the brand’s popular Explorer 100 Plus Portable Power Station back at $89 shipped. Coming down from its full $149 price tag, we’re seeing another opportunity to score this compact backup power solution at its lowest price. Grabbing it while these savings last will cut $60 off the going rate, beating out the direct sale pricing we mentioned by $1. Head below to check out its capabilities and its two discounted bundle options.
Designed with airline approval, Jackery’s two-pound Explorer 100 Plus comes in a compact form factor that can fit in your hand, providing you with a 99Wh/31,000mAh LiFePO4 capacity to keep your personal devices juiced up. It delivers up to 128W output through its four port options, with two Type-C ports and two Type-A ports. It’s also rated for 2,000 charge cycles, giving you 5.5 years’ worth of discharging and recharging, were you to do so every single day.
Speaking of its recharging capabilities, you’ll reach a 70% battery in just an hour when plugging it directly into a wall outlet, while a full battery takes a little longer, at up to two hours. Of course, as a power station, you’ll also have solar charging functionality available, with the unit having a maximum 100W input that can refill the entire battery in two hours time, as well as a third option to connect to your car’s auxiliary port that can recharge it in three hours as you drive. If you want to grab it with bundled gear, you’ll currently find the station with a fast charger down at $140 or you can grab it with a portable 40W solar panel for $169.
We also spotted a recent bundle that gives you the Explorer 100 Plus alongside Jackery’s newer Explorer 1000 v2 1,070Wh power station for $499, which allows you to cover essential devices and appliances while on road or camping trips, as well as during emergency power outages. If you are looking for a larger unit for your backup power needs, Jackery’s Earth Day Sale is continuing through April 25 with up to 50% discounts across the lineup – which has had some recent price cuts and bonus savings added in, especially on the latest expandable Explorer 5000 Plus offers.

Rad Power’s space-saving RadExpand 5 and cargo-hauling RadWagon 4 e-bikes now $300 off from $1,299
Running alongside the continued low prices on Rad Power’s RadRunner series of e-bikes, the brand has also switched around its other sale offers, with $300 taken off two of its other e-bike models alongside a $100 discount on a 14Ah semi-integrated battery through May 7. Starting with the lowest price, folks are getting another opportunity to score the RadExpand 5 Folding e-bike at $1,299 shipped. Usually going for $1,599 outside of sales, we saw it drop to its lowest price of $1,099 for a short time last month in the brand’s Spring Sale, with the second-lowest $1,199 rate last seen in October. It’s otherwise been keeping at $1,299 and higher, with today’s deal bringing a $300 markdown on this space-saving model at the third-lowest price we have tracked.
An ideal model for those with limited space, the RadExpand 5 e-bike comes with a folding design that makes it a much more manageable model when you’re not riding, able to fit in closets, car trunks, RVs, and more. It has a 750W brushless geared hub motor paired with a 672Wh battery that provides up to 45+ miles of travel when its four PAS levels are activated, as well as top speeds of 20 MPH. Obviously, there’s also the throttle that lets you cruise around on electric power alone, which is handy for shorter commutes as it does shorten its travel range on a single charge.
The stock features only add to its functionality, especially if you plan to take this on the road with you for camping or other purposes, like the integrated rear cargo rack that has a 55-pound payload for grocery hauling or the paired LED headlight and integrated taillight with brake lighting – as both lights also automatically activate when sunlight drops low enough. Alongside those you’ll also find a 7-speed MicroShift derailleur, fenders over both fat tires, a water-resistant wiring harness, and an LED display.
If you plan to haul around groceries and other cargo, including kids, then you’ll definitely want to consider the RadWagon 4 Cargo e-bike for $1,499 shipped which has become quite popular around NYC. The integrated rear cargo rack offers up a 120-pound payload, lending plenty of room for packages or getting kids around to their appointments. Equipped with the same motor and battery combination as the above model, it also provides you with a 20 MPH top speed for up to 45+ miles of travel, though it has one additional level of pedal assistance. Its lineup of features include an auto-on headlight and integrated taillight with brake lighting, custom 22-inch by 3-inch tires with fenders over each, a 7-speed Shimano derailleur, a water-resistant wiring harness, and a backlit LCD display that has a USB port to charge your phone with.
Be sure to also check out the continued low prices on the brand’s RadRunner series of Utility e-bikes while they last – especially now that they company has announced a last call for these deals on its website.
Best Spring EV deals!
- Aventon Ramblas Electric Mountain Bike: $2,599 (Reg. $2,899)
- Lectric ONE Long-Range e-bike with $220 bundle: $2,399 (Reg. $2,507)
- Lectric XPedition 2.0 35Ah Cargo e-bike w/ up to $654 bundle: $1,999 (Reg. $2,741)
- Tenways AGO X All-Terrain e-bike with $307 bundle (new low): $1,899 (Reg. $2,499)
- Lectric XPedition 2.0 26Ah Cargo e-bike w/ $505 bundle: $1,699 (Reg. $2,204)
- Rad Power RadRunner 3 Plus Utility e-bike (new low): $1,699 (Reg. $2,199)
- Aventon Aventure 2 All-Terrain e-bike: $1,699 (Reg. $1,999)
- Lectric XPeak 2.0 Long-Range Off-Road e-bike with $316 bundle: $1,699 (Reg. $1,915)
- Tenways CGO800S Step-Thru Commuter e-bike with $315 in free gear: $1,699 (Reg. $1,999)
- Aventon Level 2 Commuter e-bike: $1,599 (Reg. $1,899)
- Tenways CGO600 Pro belt-drive e-bike with $118 bundle: $1,599 (Reg. $1,899)
- Aventon Abound Cargo e-bike: $1,599 (Reg. $1,999)
- Tenways CGO600 Pro chain-drive e-bike with $118 bundle: $1,499 (Reg. $1,899)
- Rad Power RadWagon 4 Cargo e-bike: $1,499 (Reg. $1,799)
- Lectric XPeak 2.0 Standard Off-Road e-bike with $227 bundle: $1,499 (Reg. $1,726)
- Lectric XP Trike with $420 bundle: $1,499 (Reg. $1,918)
- Aventon Sinch 2 Folding e-bike: $1,399 (Reg. $1,699)
- Lectric XPedition 2.0 13Ah Cargo e-bike with $296 bundle: $1,399 (Reg. $1,725)
- Lectric XPress 750 Commuter e-bikes with $316 bundle: $1,299 (Reg. $1,615)
- Rad Power RadExpand 5 Folding e-bike: $1,299 (Reg. $1,599)
- Lectric XP 3.0 Long-Range e-bikes with up to $365 bundle: $1,199 (Reg. $1,564)
- G-Force ZM 20Ah All-Terrain Fat Tire e-bike with $49 in free gear: $1,199 (Reg. $1,999)
- Lectric XP Lite 2.0 JW Black LR e-bike with $365 bundle: $1,099 (Reg. $1,464)
- Heybike Ranger S Folding Fat-Tire e-bike: $1,099 (Reg. $1,499)
- Heybike Hauler Cargo e-bike with free rear basket (new low): $1,099 (Reg. $1,499)
- Rad Power RadRunner 2 Utility e-bike (new low): $999 (Reg. $1,499)
- Aventon Soltera.2 Urban Commuter e-bike: $999 (Reg. $1,199)
- Lectric XP 3.0 Standard e-bikes with $310 bundles: $999 (Reg. $1,309)
- Lectric XP Lite 2.0 Long-Range e-bikes with up to $316 bundles: $999 (Reg. $1,315)
- Heybike Mars 2.0 Folding Fat-Tire e-bike: $999 (Reg. $1,499)
- Hiboy U2 Pro Electric Scooter (new model): $900 (Reg. $1,500)
- Segway Ninebot F3 eKickScooter: $700 (Reg. $850)

Best new Green Deals landing this week
The savings this week are also continuing to a collection of other markdowns. To the same tune as the offers above, these all help you take a more energy-conscious approach to your routine. Winter means you can lock in even better off-season price cuts on electric tools for the lawn while saving on EVs and tons of other gear.
- Jackery increases savings on its modular Explorer 5000 Plus offers at new lows starting from $2,483 (Reg. $3,499)
- Lectric Lightning Deals hit XP 3.0 e-bikes with up to $365 in free gear for outdoor ventures starting from $999
- Score Anker’s SOLIX C1000 1,056Wh LiFePO4 power station for your next trip with $550 in savings at $449 + bundle options
- EcoFlow launches multi-day flash offers on DELTA and RIVER power stations + EcoCredits purchase from $1
- Start or expand your EcoFlow DELTA Pro Ultra setup with $2,000 in exclusive savings to a new $3,799 low
- Heybike’s latest Hauler cargo e-bike with a 440-pound payload for up to 85 miles starts from new $1,099 low, more
- Keep floating debris out of your pool with Aiper’s Surfer S2 solar skimmer back at its $320 low (Reg. $540)
- Save $430 on this Jackery Explorer 1000 v2 and 100 Plus power station bundle for your on-the-go backup needs at $499
- Expand your arsenal with this 2nd-gen Greenworks 40V 12-inch cordless chainsaw at $128 (Reg. $170), more
- Shape up lawn edges and clear out debris with this 56V EGO POWERLOAD trimmer and 670 CFM blower combo at $320
- Keep food and drinks cooled and crisp in Goal Zero’s Alta 50 and 80 portable electric coolers from $640 (Reg. $800+)
- Celebrate Mother Nature with these ongoing eco-friendly deals for EVs, power stations, tools, and more starting from $30
- Electrified Weekly – EcoFlow Mega Sale takes up to 65% off, G-Force e-bikes from $799, Jackery markdowns from $90, more
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Environment
China installs the world’s most powerful wind turbine
Published
14 hours agoon
August 29, 2025By
admin

China’s Dongfang Electric has installed a 26-megawatt offshore wind turbine, snatching the title of world’s most powerful from Siemens Gamesa’s 21.5 turbine in Denmark.

The Chinese state-owned manufacturer announced today that it has installed the world’s most powerful wind turbine prototype at a testing and certification base. This turbine, the world’s largest for capacity and size, boasts a blade wheel diameter of more than 310 meters (1,107 feet) and a hub height of 185 meters (607 feet). Dongfang shipped the turbine’s nacelle earlier this month – the world’s heaviest – along with three blades.
This offshore wind turbine is designed for areas with wind speeds of 8 meters per second and above. With average winds of 10 meters per second, just one of these giants can generate 100 GWh of power annually, which is enough to power 55,000 homes. That’s enough to cut standard coal consumption by 30,000 tons and reduce CO2 emissions by 80,000 tons. Dongfang says it’s wind resistant up to 17 (200 km/h) on the extended Beaufort scale.
In May, Dongfang said it had completed static load testing on the turbine’s blades, and the turbine is now undergoing fatigue testing, which could take up to a year before the turbine is fully certified.
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Read more: Trump just killed all offshore wind zones as US power needs surge

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Environment
John Deere joins the robot revolution with GUSS acquisition
Published
15 hours agoon
August 29, 2025By
admin

The autonomous ag equipment experts behind the GUSS robotic sprayers have been developing their AI tech as part of a JV with John Deere for years — and now, that marriage is official. John Deere has acquired 100% of GUSS, and has big plans to pick up that tech and run with it like a … well, you know.
The latest battery-powered GUSS autonomous sprayer made its debut at the 2024 World Ag Expo show in Tulare, California, last summer, where executives from Deere called it, “the world’s first and only fully electric autonomous herbicide orchard sprayer.”
Since then, interest in automated ag equipment has only grown — fueled not just by rising demand for affordable food and produce, but by a national labor shortage made worse by the Trump Administration’s tough anti-immigration policies as well. It’s specifically those challenges around labor availability, input costs, and crop protection that GUSS and John Deere have been spending millions to address.
“Fully integrating GUSS into the John Deere portfolio is a continuation of our dedication to serving high-value crop customers with advanced, scalable technologies to help them do more with less,” explains Julien Le Vely, director, Production Systems, High Value & Small Acre Crops, at John Deere. “GUSS brings a proven solution to a fast-growing segment of agriculture, and its team has a deep understanding of customer needs in orchards and vineyards. We’re excited to have them fully part of the John Deere team.”
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About GUSS

The GUSS electric sprayer is powered by a Kreisel Battery Pack 63 (KBP63), which has a nominal energy capacity of 63 kWh, enabling the machine to operate for 10-12 continuous hours between overnight (L2) charges.
The GUSS electric sprayers feature the Smart Apply weed detection system that measures chlorophyll in the various plants it encounters, identifying weeds embedded among the crops, and only sprays where weeds are detected. The company claims its weed detecting tech significantly reduces the amount of chemicals being sprayed onto farmers’ crops, resulting in “up to 90% savings” in sprayed material.
John Deere’s deep pockets will support GUSS as it continues to expand its global reach, and help the group to accelerate Smart Apply’s innovation and integration with other John Deere precision agriculture technologies.
“Joining John Deere enables us to tap into their unmatched innovative capabilities in precision agriculture technologies to bring our solutions to more growers around the world,” says Gary Thompson, GUSS’ COO. “Our team is passionate about helping high-value crop growers increase their efficiency and productivity in their operations, and together with John Deere, we will have the ability to have an even greater impact.”
GUSS-brand autonomous sprayers will be sold and serviced exclusively through John Deere dealers, and the GUSS business will retain its name, branding, employees, and independent manufacturing facility in Kingsburg, California.
More than 250 GUSS machines have been deployed globally, having sprayed more than 2.6 million acres over 500,000 autonomous hours of operation.
Electrek’s Take

Population growth, while slowing, is still very much a thing – and fewer and fewer people seem to be willing to do the work of growing the food that more and more people need to eat and live. This autonomous tech multiplies the efforts of the farmers that do show up for work every day, and the fact that it’s more sustainable from both a fuel perspective and a toxic chemical perspective makes GUSS a winner.
SOURCE I IMAGES: John Deere.

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Your personalized solar quotes are easy to compare online and you’ll get access to unbiased Energy Advisors to help you every step of the way. Get started here.
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Environment
Tesla asks court to throw out $243 million verdict in fatal Autopilot crash case
Published
17 hours agoon
August 29, 2025By
admin

Lawyers for Tesla filed a motion asking a court to throw out a recent $243 million verdict against the company related to a fatal crash in Florida in 2019. The case is the first instance of Tesla being ruled against by a court in an Autopilot liability case – previous cases had ended up settled out of court.
To catch up, the case in question is the $243 million Autopilot wrongful death case which concluded early this month. It was the first actual trial verdict against the company in an Autopilot wrongful death case – not counting previous out-of-court settlements.
The case centered around a 2019 crash of a Model S in Florida, where the driver dropped his phone and while he was picking it up, the Model S drove through a stop sign at a T-intersection, crashing into a parked Chevy Tahoe which then struck two pedestrians, killing one and seriously injuring the other.
Tesla was also caught withholding data in the case, which is not a good look.
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In the end, for the purposes of compensatory damages, the driver was found 67% responsible and Tesla was found 33% responsible. But Tesla was also slapped with $200 million in punitive damages. The plaintiffs reached a settlement with the driver separately.
Tesla said at the time that it planned to appeal the case, and its first move in that respect happened today, with lawyers for Tesla filing a 71-page motion laying out the problems they had with the trial.
In it, Tesla requests either that the previous verdict be thrown out, that the amount of damages be reduced or eliminated, or that the case go to a new trial, based on what Tesla contends were numerous errors of law during the trial.
The table of contents of Tesla’s filing lays out the company’s rough arguments for why it’s requesting the verdict to be thrown out, with Tesla seeming to throw several arguments at the wall to see what sticks:
- I. Tesla Is Entitled to Judgment as a Matter of Law (or at Least a New Trial) on Liability.
- A. The Verdict Is Unsupported by Reliable Expert Evidence.
- B. Plaintiffs’ Design-Defect Theories Fail as a Matter of Law.
- 1. Tesla’s 2019 Model S Was Not Defective.
- 2. McGee Was the Sole Cause of Plaintiffs’ Injuries.
- C. The Failure-to-Warn Claim Fails as a Matter of Law.
- 1. Tesla Had No Duty to Warn.
- 2. Tesla Provided Extensive Warnings.
- 3. The Asserted Failure to Warn Didn’t Cause the Crash.
- D. Tesla Is Entitled to a New Trial If the Record Cannot Sustain the Verdict as to Any Theory on Which the Jury Was Instructed.
- II. Highly Prejudicial Evidentiary Errors Warrant a New Trial on All Issues.
- A. The Improper Admission of Data-Related Evidence Prejudiced Tesla.
- B. The Improper Admission of Elon Musk’s Statements Prejudiced Tesla.
- C. The Improper Admission of Dissimilar Accidents Prejudiced Tesla.
- III. This Court Should Grant Tesla Judgment as a Matter of Law on Punitive Damages or at Least Significantly Reduce Punitive Damages.
- A. Florida Law Prohibits the Imposition of Any Punitive Damages in This Case.
- B. Florida Law Caps Punitive Damages at Three Times the Compensatory Damages Actually Awarded Against Tesla.
- C. The Due Process Clause Limits Punitive Damages Here to No More Than the Net Award of Compensatory Damages.
- 1. Tesla’s Conduct Was Not Reprehensible.
- 2. A Substantial Disparity Exists Between the $200 Million Award of Punitive Damages and the $42.3 Million Award of Compensatory Damages.
- 3. Comparable Civil Penalties Do Not Justify the Punitive-Damages Award.
- IV. This Court Should Reduce the Grossly Excessive Award of Compensatory Damages to No More Than $69 Million.
In short, Tesla blames the driver (who was found 67% liable) fully for the crash, says that the Model S and its Autopilot system were state-of-the-art and not defective because “no car in the world at the time” could have avoided the accident, that it provided proper warnings even though it didn’t need to, that evidence was improperly admitted to prejudice the jury against Tesla, and that the punitive damages are excessive.
After looking through the document, Tesla’s main contention seems to be with the admission of various evidence that it says prejudiced the jury against Tesla.
Indeed, the only exhibit attached to the filing is a transcript of a podcast episode where one of plaintiffs’ experts talks about evidence that Tesla withheld data, which Tesla says should have been inadmissible and prejudiced the jury against it.
The plaintiffs repeatedly asserted that Tesla had deliberately withheld or tried to delete data, which required them to bring in third party experts to discover and examine the data.
Tesla says that the only reason these arguments were brought into court was to make the jury feel like there was a coverup, even though Tesla claims that there was no coverup. By repeatedly mentioning this, Tesla says the jury had a more negative view of the company than was fair.
It also says that Tesla CEO Elon Musk’s statements about Autopilot shouldn’t have been admissible, and that they prejudiced the jury against Tesla. Tesla says that the statements by Musk shown at the trial were irrelevant to plaintiffs’ case, exceeded the limits the court had set on which statements would be admissible, and that the admission of these statements “would disincentivize companies from making visionary projections about anticipated technological breakthroughs.”
You can read through the full filing here.
Update: After this story was published, plaintiffs’ attorneys reached out with their own statement
“This motion is the latest example of Tesla and Musk’s complete disregard for the human cost of their defective technology. The jury heard all the facts and came to the right conclusion that this was a case of shared responsibility, but that does not discount the integral role Autopilot and the company’s misrepresentations of its capabilities played in the crash that killed Naibel and permanently injured Dillon. We are confident the court will uphold this verdict, which serves not as an indictment of the autonomous vehicle industry, but of Tesla’s reckless and unsafe development and deployment of its Autopilot system.”
–Brett Schreiber of Singleton Schreiber, lead trial counsel for plaintiffs Dillon Angulo & Naibel Benavides.
Electrek’s Take
Reading through the filing is persuasive at first, but remember that this is only one side of the story – and Tesla is well-known for never budging an inch in legal or reputational matters. (Update: for a quick reaction from “the other side,” see the statement by plaintiffs’ attorneys directly above).
Thinking a little deeper, the filing does rely on a similar “puffery” argument which Tesla has used before. The idea here is that Musk’s statements should be ignored because he, as the CEO of the company, has an incentive (and well-known tendency) to overstate the capabilities of its vehicles.
Lawyers did not use that exact word here, but they do claim that Musk’s statements are “forward-looking” and “visionary.”
But, for a guy who talks so much that he wasted $44 billion on a $12 billion social media site (twice) so that he could force his words in front of every user every day, denying that his words have an effect is a strange legal argument.
Indeed, Tesla has a history of not doing paid advertisements in traditional media, and has relied on Musk, and specifically Musk’s twitter account, to be the company’s impromptu communications platform. Musk even closed the company’s PR department, instead taking on the full burden of that himself.
So to argue that Musk’s statements shouldn’t be admissible, or that they didn’t set the tone for the organization, is more than a little silly.
While Tesla and Musk did state many times that Autopilot was not full self-driving (although, neither was the feature they marketed under the name, ahem, “Full Self-Driving”), the balance of Musk’s statements describing Tesla’s features definitely could have led a driver to think that the vehicles were more capable than any other vehicle on the road.
This is why it’s strange that Tesla also argues that “no other car” could have stopped in the situation of the crash. If your company is constantly claiming that you have the best, safest, most autonomy-enabled vehicle in the world (including in this filing, where it is referred to as “state of the art”), then who cares whether other cars could have done it or not? We’re talking about your car, not anything else.
Further, Tesla said that admitting these statements will put a chilling effect on every corporation’s ability to project anticipated breakthroughs in tech. To this I say, frankly: good. Enough with the nonsense, lets focus on reality, and lets stop excusing lies as corporate puffery, across all industries.
But this is an example of Tesla trying to have it both ways, to pretend that Musk’s statements are just puffery but also that they are important to breakthroughs and that silencing Musk would harm the company. Yes, it probably would harm Tesla’s outreach – because Musk’s statements are roughly the only source of Tesla’s advertising, which is why they ought to be heard to establish what the public thinks about the capabilities of Teslas.
And while Tesla says that cases like these would “chill” development of safety features if manufacturers are punished for bringing them to market, the punishment here isn’t for bringing the feature to market, it’s for overselling the feature in a way that set public expectations too high. Other features have not received this sort of scrutiny because other features don’t get pumped up daily with ridiculous overstatements by the company’s sole source of advertising.
On the other points, I’m not a lawyer. I’m not up to date on the specific limits to punitive damages in Florida. But on the surface, it seems fair to me that if a company was found to withhold data in an important case, after declining a settlement, that some level of significant punishment is fair.
After all, withholding data in a single non-fatal crash that wasn’t even their fault is what led Cruise to shut down operations everywhere. That may have been an overreaction and would certainly be an overreaction in this case with Tesla, given the driver’s responsibility for the crash. But in this case, the damage done to people (a death) was greater, and the damages Tesla is being told to pay ($243 million) will not lead to a shutdown of the entire company. Especially considering this is the same company that just managed to find tens of billions of dollars to give to a bad CEO.
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