I'm not convinced about that legal theory. There's another precedent in motorcycle ABS: unlike cars, not all bikes have it yet, so you can buy a Ninja both with and without ABS. The feature is even more decisively important for bikes than cars because it keeps them upright and stable under hard braking, so it's not just stopping distance. It adds several hundred to the price.

Or maybe you're right and we'll see an "admission of defect" suit sometime soon.