NHTSA Complaint #10895179 — 2009 MINI COOPER S CONVERTIBLE

I RECENTLY PURCHASED THIS VEHICLE. IT CURRENTLY HAS THE AIR BAG PASSENGER SEAT ON AND IT STATES THAT THE AIRBAG IS OFF. I WENT TO THE DEALER AND THEY STATED THAT THIS WAS A MAYOR RECALL TO OVER 100,000 MINI COOPERS BUT MINE WAS NOT ONE OF THEM. THIS IS A HUGE SAFETY ISSUE SINCE THE SEAT SENSOR IS NOT WORKING PROPERLY AND THIS THEREFORE DOES NOT ACTIVATE THE AIRBAG. IF THERE WERE AN ACCIDENT THE PASSENGER AIRBAG WOULD NOT EJECT. THIS IS A PROBLEM ON 100,000 AND MY VEHICLE HAS THE PROBLEM BUT IT IS NOT UNDER THE RECALL. WHAT DO I NEED TO DO? WHO IS LIABLE FOR THIS ISSUE WHICH OBVIOUSLY IS AN EXISTING PROBLEM FOR THE BRAND??? NOTHING HAS HAPPENED BUT IF IT WERE TO HAPPEN, WHO WOULD BE LIABLE? I WANT TO MAKE SURE THAT I AM ON RECORD ON THIS