I tend to agree, but I suppose with a lowered bike or if leaning a little to the left the kickstand my not swing out all the way and thus the "problem" happens.
A kickstand story:
A neat feature of the H-D kickstand is that it locks out when the bike leans on it. Even when rolling forward, the stand will not fold up.
A guy I know of was changing his oil the first time on a brand new Harley with the tank drain plug up on the right side. After warming up the bike and parking it, he put a wrench on the drain plug. He pushed on it and the bike started to roll. Not knowing better, his first thought was that the side stand would fold up and the new bike topple over away from him.
In a panic he grabbed hold of the bike - BY THE HOT EXHAUST PIPE!!!!.