Who determines whether a product is defective will depend on how far your defective product claim gets. If you are merely negotiating a settlement with the product’s manufacturer or retailer, that party may accept liability by agreeing with you that your product has suffered some defect. In some cases, you may be required to arbitrate your defective product claim; an arbitration is like a trial, except that the decision is made by a neutral party called an arbitration. Finally, if you decide to file a lawsuit to pursue your defective product claim, whether or not your product is defective will be decided by a judge or a jury.