Defective cars sold at Long Island dealerships, dangerous medical devices used at Northwell or NYU Langone, and hazardous consumer products distributed through the New York metro supply chain all give rise to products-liability claims under New York law. Whether the defect is in the product's design, its manufacture, or its labeling, Gold & Gold pursues every liable party in the chain of distribution.

Why Gold & Gold in New York

Jonathan E. Gold and the Melville team handle complex products-liability litigation with the support of engineering, biomechanical, and medical experts. Our background in insurance-defense litigation gives us a clear picture of how manufacturers' liability carriers investigate and value these claims, and we use that knowledge to build the strongest possible case for New York and Long Island clients.

New York courts, deadlines & rules

New York's personal-injury statute of limitations is 3 years (CPLR 214), running from the date of injury, not the date of purchase or manufacture. For latent injuries (e.g., a medical device that causes harm years after implantation), New York applies a discovery rule that can toll the clock in certain circumstances, though this is fact-specific. New York applies a strict-liability standard for manufacturing defects under the rule established in Codling v. Paglia (1973): a manufacturer who places a defective product in the stream of commerce is liable without proof of negligence. For design defects, New York uses a risk-utility balancing test. New York is notably different from Florida in that it holds every member of the distribution chain, manufacturer, distributor, wholesaler, and retailer, jointly and severally liable for a defective product (subject to General Obligations Law Article 15 market-share provisions for fungible products). Cases are venued in Nassau or Suffolk County Supreme Court, or the appropriate New York City county. Federal MDL proceedings in the Eastern or Southern District of New York also handle many mass-tort product cases involving Long Island plaintiffs.

Common defective product cases we see in New York

  • Defective airbag and seatbelt failures in vehicles sold at Nassau and Suffolk dealerships
  • Recalled medical devices implanted at Long Island hospitals or ambulatory surgery centers
  • Dangerous pharmaceutical drugs distributed through New York pharmacies
  • Power-tool and industrial-equipment failures on Long Island construction sites
  • Children's product defects causing injuries purchased through online retailers shipping to New York
FAQ

Frequently Asked Questions

I was injured by a product made overseas and sold on Amazon. Can I still sue in New York?
Yes. New York courts assert personal jurisdiction over distributors and retailers who place products into New York's stream of commerce, and Amazon has faced New York liability as a seller in its own right in recent years. We identify every defendant in the chain, foreign manufacturer, importer, domestic distributor, and retailer, and pursue each one.
I still have the product. What should I do?
Preserve it exactly as it was after the accident, do not attempt repairs, return it, or discard it. Photograph it thoroughly and store it in a secure location. Product preservation is critical in New York litigation; spoliation of evidence can result in adverse inference instructions at trial. Contact us before you speak with the manufacturer or its insurer.
How is New York different from Florida for products-liability cases?
Both states recognize strict liability, but New York extends joint and several liability to all members of the distribution chain, making it possible to recover fully from a domestic retailer when the manufacturer is overseas and judgment-proof. Florida has modified its joint-and-several liability rules in ways that can limit recovery from peripheral defendants. New York's 3-year SOL is also one year longer than Florida's 2-year personal-injury deadline, giving Long Island victims somewhat more time to act.