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Firmware 7.1

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A plaintiff cannot use the fact that a product was improved to proffer that the pre-improvement product was de facto defective.
I think what rxlawdude was saying is that fixing a problem in of itself cannot be used against a company in a lawsuit. Case in point: the tragedy with the alligator at Disney World. Disney erected a wall around the lake after the incident. The fact that they erected a fence afterwards in of itself does not prove that they were liable. Everything else that the did or did not do prior is a whole other matter.
 
I think what rxlawdude was saying is that fixing a problem in of itself cannot be used against a company in a lawsuit. Case in point: the tragedy with the alligator at Disney World. Disney erected a wall around the lake after the incident. The fact that they erected a fence afterwards in of itself does not prove that they were liable. Everything else that the did or did not do prior is a whole other matter.
No, but the negligence was not building the fence and warning signs in the first place as the other resorts did. So all you have to do is prove that they knew or should have known of the danger and building the fence was a reaction to prevnt further accidents. Then it's not "in and of itself" anymore as other facts are introduced. We are probably getting to far into the weeds as we both know Disney will settle for a fortune no matter what. Tesla, on the other hand, just needs to be careful in how they communicate safety fixes.
 
I can't wait for 8.0 to come out so we can talk about sometime more interesting....

From the Federal Rules of Evidence:

Rule 407. Subsequent Remedial Measures
When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove:

  • negligence;
  • culpable conduct;
  • a defect in a product or its design; or
  • a need for a warning or instruction.
But the court may admit this evidence for another purpose, such as impeachment or — if disputed — proving ownership, control, or the feasibility of precautionary measures.
 
It's here. 1hr 40m to install. Have to wait till the weekend, assuming that is possible, to apply the update though. Tried to find release notes on Tesla website but no go.

Anyone applied the update? What did you find the best and worst part of the update?
They're still rolling out 2.36.31. Even ev-fw.com has 64 installs as of today so I doubt it's 8.0.
 
I can't wait for 8.0 to come out so we can talk about sometime more interesting....

From the Federal Rules of Evidence:

Rule 407. Subsequent Remedial Measures
When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove:

  • negligence;
  • culpable conduct;
  • a defect in a product or its design; or
  • a need for a warning or instruction.
But the court may admit this evidence for another purpose, such as impeachment or — if disputed — proving ownership, control, or the feasibility of precautionary measures.
Ok great, I'm convinced. There's absolutely no reason we can't have release notes. Hell, even @RogerHScott wants them ;).