Mr. Wilensky is a seasoned trial lawyer who specializes in the defense of product liability lawsuits relating to design, manufacture and repair of products and services. Through his involvement in a significant number of cases of first impression, he has helped shape product liability law in New York. These cases include:
- Robinson v. Reed-Prentice Div. of Package Mach. Co., 403 N.E.2d 440 (N.Y. 1980), which held that manufacturers cannot be found strictly liable for an injury if a third party consciously bypasses a product’s built-in safety features.
- Billsborrow v. Dow Chemical USA, 177 A.D.2d 7 (N.Y. App. Div. 1992), in which the court held that an intervening act which is a normal consequence of the defendant’s negligence does not constitute a superseding cause insulating the defendant from liability.
- Liriano v. Hobart, 700 N.E.2d 303 (N.Y. 1998), which held that manufacturer liability can exist under a failure-to-warn theory where the substantial modification defense would preclude liability under a design defect theory.
- Godoy v. Abamaster, 302 A.D.2d 301 (N.Y. 2003), holding that an upstream distributor owes common law indemnity.
Mr. Wilensky currently represents major manufacturers of heavy construction equipment and recreational equipment as well as legal malpractice defendants, regularly trying complex matters throughout New York’s state and federal courts. He has handled cases concerning swimming pools, punch presses, commercial food preparation equipment, FELA, automobiles, electrical equipment, printing equipment, commercial and household laundry equipment, aviation, ship design, waste disposal equipment, consumer appliances, asbestos, hazardous materials, toxic torts, industrial hygiene, legal malpractice and tainted food. Recently Mr. Wilensky became involved in the issues surrounding Dietary Supplements.
As a leading contributing author on product liability and evidentiary law in New York, Mr. Wilensky has published several book chapters on topics such as defending design defect cases and navigating evidence doctrines in the New York courts. He has lectured at DRI, the New York State Bar Association, New York State Trial Lawyers Institute, and Touro College of Osteopathic Medicine. He also was a faculty member of the International Association of Defense Counsel Trial Academy conducted at Stanford University School of Law.
Mr. Wilensky’s recent experience includes:
- Defended an employer who was cited for an OSHA violation involving a firewood process machine. Plaintiff, 23 years old, suffered an amputation of his dominant arm three inches below the shoulder.
- Successfully defended a major retailer of Dietary Supplements in a case involving two plaintiffs who underwent liver transplants.
- Summary judgment involving a portable circular saw.
- Summary judgment for a manufacturer of a mobile crane.
- Defense verdict in Santana v. Seagrave Fire Apparatus Corp., 305 A.D.2d 395 (N.Y. App. Div. 2003). Recognized by National Law Journal as one of the “Top 10 Defense Verdicts” of the year 2000.
- Presentation: DRI – “The Knowledgeable User Defense.”
- Presentation: DRI – “Obligations and Jurisdiction Over Foreign Manufacturers” (discussing Nicastro and Brown decisions of the U.S. Supreme Court).
- Articles and webinar on Dietary Supplements.
News & Publications
- Schnader Attorneys Named to Super Lawyers 2017
- Many Schnader Attorneys Named to Super Lawyers 2016
- Thirty-Seven Schnader Attorneys Selected for The Best Lawyers in America 2017
- Products Liability Cases Arising From Holiday Fires
- “#Ethics: Confronting Risks of Social Media Use”
- Thirty-Three Schnader Attorneys Selected for The Best Lawyers in America 2016
- “Takeaways From NY’s Dietary Supplement Investigation”
- Gingko, Roses, or Just Filler? The New York Attorney General’s Attack on Supplements
- “Foreseeability and the Erosion of the Material Alteration Defense”
- Thirty-Two Schnader Attorneys Selected for The Best Lawyers in America 2015
- Super Lawyers Recognizes Many Schnader Attorneys in 2014
- New Developments in Evidentiary Law in New York (Chapter)
- “Faster, Stronger, Smarter: Considering the Dietary Supplement Regulatory and Litigation Landscape”
- Super Lawyers Recognizes Many Schnader Attorneys in 2013
- Thirty-One Schnader Attorneys Selected for The Best Lawyers in America 2014
- “Where’s the Beef? The Challenges of Obesity Suits”
- Super Lawyers Recognizes Many Schnader Attorneys in 2012
- Thirty-Three Schnader Attorneys Selected for The Best Lawyers in America 2013
- Three Schnader Attorneys Named 2012 “Leading Litigation and Product Liability Lawyers” by Expert Guides
- Products Liability in New York: Strategy and Practice, 2012 Revision
- Schnader’s Schaerf and Wilensky Presented with All Star Award from Altec Industries, Inc.
- Sixty-Eight Schnader Attorneys Rated AV® Preeminent™ by Martindale-Hubbell®
- Thirty Schnader Attorneys Recognized as “The Best Lawyers in America” for 2012
- Super Lawyers Recognizes Many Schnader Attorneys in 2011
- “Not Made in America”
- Thirty-Two Schnader Attorneys Recognized as “Best Lawyers in America” for 2011
- Post-Trial Practice and Procedures
- Super Lawyers Recognizes Many Schnader Attorneys in 2010
- Seven Schnader Attorneys Honored as 2009 New York Super Lawyers
- “The Sophisticated User Defense”
- New York Court of Appeals Re-affirms Its Casual Seller Doctrine
- Twenty-Eight from Schnader in Best Lawyers in America 2009
- Schaerf, Wilensky Write of New York Duty to Warn
- Many Schnader Attorneys are 2007 Super Lawyers, 2008 Best Lawyers
- Twenty-Four from Schnader in Best Lawyers in America 2008
- Schnader Lawyers Updating Their Treatise on Product Liability
- Saul Wilensky Wins Important Victory for Grove Crane
- Schnader Wins Important Victory for Grove Crane
- Schaerf, Wilensky Honored as Panel Counsel
- Schnader Grows in New York and Pittsburgh
- Juvenile Products Newsletter
- New York University, LL.M., 1976
- St. John’s University School of Law, LL.B., 1966
- Hunter College, B.A., 1963
- New York, 1967
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Northern District of New York
- U.S. Supreme Court
- New York State Bar Association: Torts, Insurance & Compensation Law Section,secretary, 1999; vice chair, 2000; chair, 2001
- New York State Bar Association: Torts, Insurance & Compensation Law Section,vice chair, Product Liability Committee, 1991-2001
- American Bar Association, member
- Defense Research Institute: area chair (1991-present), Product Liability Steering Committee
- New York State Trial Lawyers Association, member
- International Association of Defense Counsel, co-chair for downstate New York membership
- Touro College of Osteopathic Medicine, guest lecturer
- New York State Trial Lawyers Institute, guest lecturer
- Selected as one of the “Premier 500” for 2015 by Lawyers World
- Listed in The Best Lawyers in America for product liability litigation and personal injury litigation, 2007-2017
- Selected as one of the “Leading Lawyers 500” by InterContinental Finance Magazine, 2015
- Noted as a “New York Super Lawyer” for personal injury defense: products, 2006-2017
- Listed in Legal-International Who’s Who of Business Lawyers in its Product Liability Defense category, 2007
- Named to New York Magazine‘s “Best Lawyers” under its Personal Injury and Products Liability category, 2007
- Rated AV® Preeminent by Martindale-Hubbell®
- Saul Wilensky Explored “Fire Law 2015: Claims and Defenses After Fires and Explosions”
- Saul Wilensky Addressed Class at Touro College of Osteopathic Medicine
- Schnader Attorneys Presented Webinar on “The Ins and Outs of Dietary Supplement Regulation and Litigation”
- Saul Wilensky Addressed Freshman Class at Touro College of Osteopathic Medicine
- Carl Schaerf and Saul Wilensky Co-Chair New York State Bar Association Program – “Basics of Trial Practice – After the Verdict”
- Schnader’s Saul Wilensky to Serve on the Faculty for the 2012 International Association of Defense Counsel Trial Academy
- Practical Issues in Medical Malpractice and Informed Consent
- Schnader Attorneys Present at DRI’s Product Liability Conference
- The Sophisticated User Defense
- Summations From the Defendant’s Perspective
- Is Anything Safe to Eat? Defending Food Borne Illness Claims
- Advanced Trial Techniques – Evidence During Trial in Malpractice and Negligence Cases
- Practical Skills – Basic Tort and Insurance Law Practice
- An Ethics Roundtable
- Sweating the Small Stuff – The Basics on Motions, Objections and Discovery
- Trial Preparation Secrets