Lemon law likely applies

> is there a way to actually prove the frame is structurally defective?

I think the photos do that just fine

This is a Lemon Law slam dunk

Lawsuit.

Tesla's service center might be willing to say "within spec!" but I suspect they'll have a much harder time finding an engineer willing to put their license on the line in court.

Pretty sure the onus is on the manufacturer to produce cars in a repeatable fashion such that crash test samples are representative. If they can't make the cars consistently they shouldn't be making cars.

> what legal recourse would an individual consumer have to have this fixed?

A lawsuit. That is what the legal system is for. But for some reason people seem to look down on this which I find baffling.

When you buy a Tesla, you agree to arbitrate all disputes with Tesla.

Including Lemon Law claims.

Fair, but I was speaking more generally.

They can write whatever they like; state law dictates how it actually proceeds.

In my state, you must start with arbitration but you have zero obligation to accept that decision and can sue regardless of outcome.

I don't think that is true in the United States. The Federal Arbitration Act applies nationwide, and it explicitly preempts state law.

If you think that I am wrong, please explain why.

(You are right that you "can sue regardless of outcome," but only in the sense that anyone can sue anyone for anything. If you enter into an agreement to arbitrate disputes, the outcome of that arbitration is generally binding.)