I can't believe this case would even make it to the courts....
http://www.sacbee.com/2011/12/16/4126504/contentious-motorcycle-accident.html
Unfortunately our legal system doesn't recognize common sense, so we get tons of stupid lawsuits filed every year that clog the system and waste tons of money. If you think this particular case is bad, I could tell you about many many more from my years in the auto industry that make this one look reasonable. It's this sort of thing that causes all those stupid warning labels to be plastered all over our new vehicles and other consumer products, and the equally stupid warnings in every other paragraph in owner manuals. Sadly, no one seems to think they are responsible for learning how to use anything properly, but they think the manufacturer's should be able to forsee all the stupid stuff folks could ever do with their products.
If you buy the logic these folks are trying to pawn off, namely that because there is an ABS light (nonfunctional) made into the instrument face it made them think they had ABS, then I suggest everyone get out their flashlights and check out all the items on their instrument clusters in their cars and trucks and sue over every one of them that is for an optional system that isn't installed on their particular vehicle. We could clog up the courts for the next 50 years with this BS alone. It has been standard procedure for decades to include optional system indicator lights in all clusters so that we didn't need to have dozens of different clusters. If the system wasn't installed, the light didn't operate at key on or at any other time. If the customer actually read the manual, they would know that. Our legal system doesn't require customers to read the instructions, however.
Sadly, we all wind up paying for these frivolous lawsuits in the prices we pay for products. Unfortunately, we can't seem to legislate individual responsibility or minimum intelligence requirements for the operation of potentially dangerous products. I'll bet this particular case will be settled for a pile of dollars, just like many other similar cases, and the costs will just be passed along to the rest of us. It's the American way.
Jerry