Say what you will about Tesla, its business plan, the ETA for the Model S, its CEO Elon Musk (and we've said plenty), but this company is never boring. Now it's taking on the BBC.
Yesterday, the Palo Alto, California-based company sued the British network for libel -- because of Jeremy Clarkson's claim in a December 14, 2008, episode of Top Gear that a Tesla Roadster test vehicle ran out of juice after only 55 miles. The EV sportscar has a claimed range of over 200 miles.
You can read the lawsuit here, which has a partial transcript from the episode in question. Clarkson is quoted as saying, "although Tesla says it will do 200 miles we worked out on our test track that it would run out after just 55 miles and if it does run out it's not quick job to charge it up again."
In addition to modest financial compensation ("The Claimants expect to recover not more than 100,000 GBP" -- $160,700), Tesla is seeking to bar the BBC from any further broadcast or distribution of the episode.
Over on Auto Observer, our own John O'Dell offers more detail on the history of the Tesla-BBC dust-up.
The offending Top Gear episode is after the jump.
tmanz says:
03:24 PM, 03/30/11
"Malicious Falsehood"
Isn't that the alternate title for Top Gear?
firstwagon says:
03:47 PM, 03/30/11
It's not libel if what they said is true. They didn't say it would run out of juice in 55 miles of your daily commute, they said it would run out of juice in 55 miles on a race track... and that sounds about right.
Every car gets terrible mileage flat out, electric cars are no different.
Sounds like Tesla is trying to get a little operating cash and some free air time in the media.
brn says:
06:11 PM, 03/30/11
I gotta side with Tesla on this one. Top Gear assumed it'd run out at 55 miles. They then pretended it did and pushed the car back, claiming it was out of juice. They didn't tell you that the car had a ton of juice left. The truth is that they made no attempt justify their claim, but presented it to the audience as though they had.
Crap like this should get them sued a lot more often.
firstwagon says:
07:07 PM, 03/30/11
It's tough enough to get media outlets to 100% factual and not mislead people to improve a story.
Why do people expect a comedy show to do it?
Besides they said... "we worked out on our test track that it would run out after just 55 miles ", not "we tested it on our test track and it ran out after just 55 miles" .
Can't sue someone for something they didn't say.
iancar says:
08:22 PM, 03/30/11
Tesla is so desperate for attention and hippies to keep it alive. Here are the facts: Can tesla run out of juice within 55 miles of track? Yes. Did the top gear test cars have electrical problems (overheat protect, brakes, etc)? Yes. And did all electric cars require more time than petrol cars to refuel? Yes. Then what's the problem? JC can't give it a bad review? If you look at how they handled Toyota tripod and Honda Hydrogen Accord, you should realize TG doesn't automatically write off ECO cars. But if Tesla claimed they had built a wonderful supercar, don't get mad TG judged it as such.
stovt001 says:
10:32 PM, 03/30/11
Tesla may be right, but this is still a pointless endeavor. That episode is saved on my computer so it will be seen again, and I think a large chunk of the Top Gear audience can say the same. Also, wasn't it said that you never pick a fight with someone who buys ink by the barrel? The BBC is a bully pulpit enough, and a top rated show with a forceful, influential, and brash host like Clarkson can just go to town on Tesla. Maybe they're just going for the whole "any publicity is good publicity angle.
windsor5 says:
12:23 AM, 03/31/11
I have to side with tesla on this one. For any top gear fan knows that they did just make up the bit about the car running out of juice. Its electric only range while being driven hard is actually closer to 75-125 under regular driving is about 200 and there are reports I belieeve of some people eeking out 240 miles on a charge. Most of the "issues in that episode were either made up or exaggerated to highlight what could happen in an eletric car . If they did that to me and a product I made I would be pissed that being said I think tesla should sue for a retraction and apology instead.
lostboyz says:
03:59 AM, 03/31/11
I don't remember ford sueing when the ford gt ran out of gas, even though it got better gas mileage than both of the other supercars featured in that episode. Its a comedy show, if you are mad then you probably didn't get the joke or you have no sense of humor.
drhorrible says:
06:11 AM, 03/31/11
Took this long to pursue the suit? To what point? To make lawyers (barristers) richer?
throwback says:
06:41 AM, 03/31/11
I'm guessing no one at Tesla ever watched Top gear before that episode. TG always derides cars, especially American ones. Suck it up Tesla and move on.
gsarngad says:
06:58 AM, 03/31/11
I'm amazed that Tesla went forward with this suit. Top Gear left out some details, but the fact remains that there were two test cars and neither was in a useful condition for track testing.
bodyblue says:
07:58 AM, 03/31/11
I stopped watching TG a while back.....I still like it but Brit humor wears on me after a while. When I need to laugh at Brits I watch "Monty Python and the Holy Grail" Distortions about cars should be expected by fans of TG. Remember the Prius Vs BMW mpg battle? What a joke.
actualsize says:
08:01 AM, 03/31/11
I'm not sure what the TG producers did or didn't do because I wasn't there. But from a technical standpoint this lawsuit is arguing against physics.
To achieve any e-car's electric claimed range you have to hypermile the thing. You'll undershoot if you drive it like a normal person and if you flog it at the track you can expect something well under 50% of the claimed range. Lapping on something like the TG track will drain and e-car's battery but quick. We've seen it ourselves during our own testing, and we don't run flat-out laps on a huge airstrip.
Also, the manufacturer's claimed range is always a pipe dream. It's never the real range. Nissan claimed 100 miles of range for the Leaf; the EPA rated it at 73 miles. Mini claimed 156 miles for the "E"; the EPA rated it at 100 miles. Chevy claimed anywhere between 40 and 50 for the Volt; the EPA rated it at 35. Smart claimed 100 for the electric Smart; the EPA rated it at 63 miles. As for the Tesla, the EPA website doesn't show the Tesla's official window sticker--they link back to Tesla's own web page.
dougtheeng says:
08:34 AM, 03/31/11
I think Tesla should focus their money and energy on something more productive. As for Top Gear, I think they see lawsuits and what not on a regular basis. I doubt the BBC is concerned.
eldaino2 says:
09:44 AM, 03/31/11
What part of 'it will run out at 55 miles ON OUR TEST TRACK' do tesla and some of you posters not understand?
copmotor440cid says:
10:56 AM, 03/31/11
Why doesn't somebody sue the American Top Gear for sucking?
bmw__m5 says:
04:06 PM, 03/31/11
Top Gear should countersue for false advrtisising and just generaly being a bunch of greenie d**** b***.
brn says:
04:08 PM, 03/31/11
eldaino2 says: "What part of 'it will run out at 55 miles ON OUR TEST TRACK' do tesla and some of you posters not understand?"
I understand that we don't know that. What some other posters failed to understand is that Top Gear did nothing to demonstrate that claim.
It's easy (and fun). Flog the car around the track and let it run down. Hell, I'd pay to do that with a Tesla. Top Gear didn't do that. Instead they just decided amongst themselves that it'd probably run out of juice at 55 miles. They then mislead their audience into thinking it had happened and even went so far as to push the car to demonstrate it. They pushed a car with plenty of juice left in it.
It's misleading. Like you, much of their audience take it as factual. Top Gear knows this, yet they continue to re-air the show. That's why Tesla is suing.
billymay says:
04:46 PM, 03/31/11
Tesla has effectively drawn another million people to watch that episode again.
firstwagon says:
05:08 PM, 03/31/11
" What some other posters failed to understand is that Top Gear did nothing to demonstrate that claim."
They said they worked it out. They didn't give details but I'd guess they drove 27 miles and used half so they estimated 55 mile would use all the charge.
Maybe it would have gone 65 miles, maybe 45 but it seems they had trouble keeping one running flat out long enough to find out. Either way it would not have gone 200+ miles.
bmw__m5 says:
05:32 PM, 03/31/11
At least there not Mexican (see Top Gear's "Offensive" Comments on Mexico Prompt Half-Hearted Apology From BBC- Febuary 4, 2011)
tawnya27 says:
07:06 PM, 03/31/11
Tesla is hurting for money. Not sure if they were able to get Obama money, which they were trying to do. Tesla figures it's worth a shot...I guess.
brn says:
07:35 PM, 03/31/11
firstwagon: "They said they worked it out. They didn't give details but I'd guess"
That's the problem. They "worked it out". Worked what out? How? You guessed, because that's your only option. The truth is that we have no clue what they worked out. The only thing we do know is they made a claim and pretended it actually happened.
It's not about if it would have gone more or less than 55 miles. That's not important (I wonder how far a Veyron will go at 252mph). It's about them leading their audience into believing 55 miles was factual, when they make not actual attempt to show why it's factual. When this story first broke, they got caught. Yet they continue to re-air the show.
jmaroun says:
11:23 PM, 03/31/11
Tesla is making a remarkably STUPID choice to sue Top Gear.
They'd do better to Pay Top Gear for their thorough analysis and feedback!
I applause Top Gear for their informative, and entertaining work.
ralphhightower says:
02:00 PM, 04/ 2/11
Hey! Top Gear didn't rig it where The Stig would run out of juice on their race track just a few yards, or meters, before the finish line.
That would've been embarrassing!
typography says:
03:40 PM, 04/ 2/11
Jeremy does stuff like this all the time. Like the Escalade that got "stuck" and had it's suspension components "completely disintegrate". It was obviously staged, but I've seen people comment on that Escalade segment several times on various websites, using that a proof that the Escalade is a poorly made SUV. Although people shouldn't take this show or Jeremy seriously, they do, and it unfairly damages the reputations of different brands.
earthfeeler says:
12:51 AM, 04/ 4/11
I'm sorry but driving on a race track isn't suppose to show how good your fuel economy can be...no matter what kind of car (gas, diesel, electric) if you run it flat out, you're gonna run out of juice! EPA estimates my car (05 C55) at 16/22, brought it to the track I got 4.8...am I surprised? Nope. Do I expect it to get any where near those numbers? Nope. It's a ridiculous case.
guy1974 says:
07:41 AM, 04/ 4/11
brn - maybe you are on the Tesla payroll. TopGear got the 55 mile claim from the Tesla engineers back in California. Look on truthaboutcars.com and you will find more details on this.
TopGear is a fun, factually accurate show. Also you haven`t explained why they choose to sue over 2 years later.