A woman bought a new Tesla Model X in 2018, believing it was the “safest SUV on the market” as the company had advertised, while pregnant with her second child, according to a lawsuit.

The vehicle, however, proved “defective” when Mallory Harcourt’s two-year-old son was able to start the car, causing it to jolt forward and hit her at her home in Santa Barbara, California, in December 2018, two days after Christmas, an April 8 trial brief filed by her attorneys says.