Fortune’s article is fundamentally incorrect.
First, Fortune mischaracterizes Tesla’s SEC filing. Here is what it actually says: “We may become subject to product liability claims, which could harm our financial condition and liquidity if we are not able to successfully defend or insure against such claims.”
This is just stating the obvious. One of the risks facing Tesla is that someone could bring product liability claims against it.
However, neither at the time of this SEC filing, nor in the several weeks to date, has anyone brought a product liability claim against Tesla relating to the crash in Florida.
Next, Fortune entirely ignores what Tesla knew and when.
They simply assume that Tesla had complete information from the moment this accident occurred. This was a physical impossibility – the damage sustained by the Model S limited Tesla’s ability to recover data from it remotely.
Read more: Misfortune | Tesla Motors UK