That's how Tesla won their most recent case with an autopilot failure. They acknowledge that the car did indeed drive itself into a tree. But that the company did not knowingly sell a defective product as they routinely update the vehicle.
That wasn't the argument that won the day for them, but it was the argument that allowed them to start on a way more technical footing that would allow them to misdirect the court to focus more on any driver impairments.
Musk's lawyers are insanely good at misdirection, they are some of the best at this one particular thing. Additionally, the case was file in an incredibly friendly court to Musk, so it's likely the Judge will be willing to go down the rabbit hole of insanely technical arguments while losing sight of the more broad questions.
There is a lot stacked up against Media Matters here.