In some cases even with a defect, if the item was damaged after it left the manufacturer, the manufacturer may not be liable for damages. This would be the case if the original item was modified, changed or damaged after it was no longer in the ownership of the manufacturer.
Product liability cases are heard by both federal and state based courts, depending on the type of liability and if it is a multi-jurisdictional case. It is important to know what type of court is hearing the case in order to select the appropriate attorney.