It's not the dealer, it's the stupid tech and his turd buddy. Does the dealership have some liability? Eh, kinda but I'd fire the tech and sue him civilly then encourage the customer to do the same.
If I punch a customer in the face at work it isn't the dealer's fault, it's a civil issue at that point.
The dealership (the business) assumes ALL liability for their employee's actions on the clock and test driving a client's car.
IE: that jagoff doing 100mph on those narrow city streets and a kid walks out from between parked cars = splat. dealer's insurance pays, victim sues dealer and the idiot tech personally (co-litigants).
Employee's actions have to reach felony level before employer is off hook but even then they'll still be sued and lose.
I deal with it daily and sometimes you just have to tell a customer no.
The tech wasn't really beating on it.....no neutral drops, no banging gears nor hitting any curbs...etc.
Would I be pissed if it was my car....Sure!
But the main problem was ripping down narrow streets at a very high speed.