2010 MAZDA CX-9 Electronic Stability Control Esc Problems

VEHICLE WAS PARKED. THE TAILGATE WAS OPENED MANUALLY. I WAS MOVING ITEMS AROUND IN THE TRUNK TO MAKE ROOM FOR NEW PURCHASES. MY HUSBAND DID NOT SEE THAT I WAS MOVING ITEMS IN THE TRUNK. HE APPROACHED THE DRIVERS SIDE OF THE VEHICLE AND PRESSED THE POWER TAILGATE BUTTON INSIDE THE VEHICLE AND THE TAILGATE BEGAN TO CLOSE. IT MADE CONTACT WITH THE BACK OF MY NECK AND PUSHED MY FACE DOWN INTO THE FLOOR BOARD. THE SENSORS DID NOT WORK. WHEN THE TAILGATE MADE CONTACT WITH ME IT PUSHED DOWN HARDER AND FASTER INSTEAD OF GOING BACK UP TO OPEN. THIS CAUSED A SERIOUS INJURY TO MY NECK. SPECIFICALLY CERVICAL 5-7 HAD TO BE SURGICALLY FUSED WITH A TITANIUM PLATE AND SCREWS, AND MY SPINAL CORD HAD TO BE DECOMPRESSED AS THE DISCS HAD COMPRESSED MY SPINAL CORD AND COULD HAVE CAUSED COMPLETE PARALYSIS FROM MY NECK DOWN.

I PURCHASED A NEW MAZDA CX 9 IN THE FALL OF 2010. AFTER A FEW MONTHS, I NOTICED THE TRACTION CONTROL "TCS OFF" BUTTON ILLUMINATED WHILE DRIVING UP A PAVED INCLINE. AFTER TURNING OFF THE ENGINE AND RESTARTING, THE TCS-OFF BUTTON SHUT OFF. THIS HAPPENED A COUPLE OF TIMES BEFORE MY FIRST SERVICING. I MENTIONED THE ISSUE TO THE MAZDA DEALERSHIP WHEN I WENT IN FOR REGULAR SERVICING. THEY CHECKED IT AND SAID THEY FOUND NO PROBLEM WITH IT. YET THE PROBLEM CONTINUED SPORADICALLY. THE TCS-OFF LIGHT OCCASIONALLY ILLUMINATES ON INCLINED ROADS, IN RAIN OR SNOW, WHEN DRIVING FROM A PAVED TO AN UNPAVED ROAD (OR VICE VERSA). STILL THE DEALERSHIP FOUND NO PROBLEMS DURING SERVICING. NOW IN THE THIRD YEAR OF DRIVING, I MENTIONED THE TCS AGAIN TO THE DEALERSHIP, AND THIS TIME THEY SAID, OH YES, IT IS A PROBLEM.. MAZDA RELEASED A BULLETIN ABOUT IT, SAYING THE...