Don Fountain

Don Fountain is a nationally recognized product liability attorney and founding partner of Clark, Fountain, Littky-Rubin & Whitman in Palm Beach Gardens, Florida. He is board certified in civil trial law by both The Florida Bar and the National Board of Trial Advocacy and brings more than 37 years of litigation experience to complex injury and defect cases across the country.

Since graduating from Stetson University College of Law in 1988, Don has handled thousands of product liability matters in more than 26 states and tried approximately 100 cases to verdict. His litigation work has led to safety improvements in the automotive, boating, and consumer product industries.

One of his most consequential cases, Batchelder v. Malibu Boats, resulted in a $200 million jury verdict following the death of a 7-year-old child in a bow swamping incident. The verdict prompted a global safety notice and service advisory affecting ten models of vessels manufactured as far back as 1986.

In 2024, Don authored Defect Safety: A Primer for Lawyers to Identify Defective Products and Promote Consumer Safety Through Litigation, a litigation manual approved by The Florida Bar for 14.0 CLE credits. The book offers attorneys a practical framework for identifying viable defect cases, managing engineering evidence, and pursuing litigation that drives systemic safety reform.

Whether litigating against global manufacturers, mentoring trial lawyers, or contributing to industry oversight efforts, Don remains focused on a single mission: exposing preventable hazards and using the litigation process to advance public safety.