TL* THE CONTACT OWNS A 2010 CHEVROLET MALIBU. THE CONTACT STATED WHILE DRIVING 40 MPH ATTEMPTING TO AVOID CRASHING INTO ANOTHER VEHICLE, THE BRAKES WERE ENGAGED BUT FAILED TO STOP THE VEHICLE. AS A RESULT, THE CONTACT CRASHED INTO THE REAR OF THE SECOND VEHICLE AND THE AIR BAGS FAILED TO DEPLOY. THE FRONT PASSENGER SUSTAINED A FRACTURED KNEE. A POLICE REPORT WAS FILED. NEITHER THE MANUFACTURER NOR THE DEALER WAS MADE AWARE OF THE FAILURE. THE VEHICLE WAS NOT REPAIRED. THE FAILURE MILEAGE WAS 27,000.