^ No.
To answer a couple of questions raised a couple of posts up, this bike was not a current-generation GSXR1000. Looked more like 10-ish years old. No ABS, no traction control, none of that. But in all probability ... none of this would have mattered. Most run-off-the-road crashes don't involve actually losing traction on the road (that particular bike on that particular road would be capable of knee-on-the-ground ... do you really think the rider was doing that??). Most such crashes simply involve the rider not steering the bike properly, and going straight off.
And holding a retailer responsible for what their customer does with their product after they buy it, will destroy the entire industry. It's already in enough trouble. Do you hold the beer store responsible for drunk driving? Same thing.
I don't think expecting or requesting retailers not to sell high performance bikes to riders with beginners permits out of a sense of moral obligation if not some future legal restrictions will destroy the industry, which according to that reasoning, means the industry revolves around inexperienced riders buying high power bikes. It doesn't, but due to reduced sales numbers it does revolve around high profit, high powered bikes with high mark-up and plenty of electronic aids so "everyday" riders can handle the 160+ HP. If retailers of new, high powered bikes feel absolved of all responsibility to inexperienced riders because of the "safety" technology found on new bikes, then that's a symptom of the "disease" infecting the industry. My point is the industry is to blame for promoting "faster and faster" as the new norm through the incorporation of "safety" technology. But, as you point out, high tech will not keep an inexperienced, or an experienced rider for that matter, from target fixating as time and space are compressed to a never before experienced world of dangers/survival instincts, and running off road.
Same can be said for private "retailers" of used bikes. Why should they be absolved in situations like the above, i.e. selling a high performance bikes to a beginner? They shouldn't be out of a sense of morality, if not legislation.
I myself, personally, would not sell a gixxer 1000 to a "kid". In fact, years ago when selling a 1200 CC bike with 125 hp, I used the term, "not for beginners" in my ad, and I've seen that same phrase used many times in other ads too. There was a time when sales people selling new, high performance bikes, would not sell to "kids". I witnessed it once. But, times have changed...why? "Safety" technology, that's why.
If the beer store sells its product to an underage, or intoxicated buyer, it will be held responsible. They are not allowed to sell to anybody, anything at anytime, and wash their hands of the outcomes. Same should be said for high powered motorcycles, and their retailers, private or commercial. Remember, in civil courts, a person can be sued and found guilty of wrongful death without having broken any laws, but for acting recklessly and not having done his due diligence.
Thank goodness for the "hipster" cafe racer movement, making "slow" and simple bikes cool again. The industry needs more bikes like the new Ducati Scrambler for example: a fun bike to ride, and easy bike to own, and less likely to cause stupidity at insane speeds, especially in the hands of inexperienced riders, because that's not what the bike is "about".
