Donald R. Fountain, Jr. is nationally recognized as a top trial attorney and is known for his work around the country for successfully representing catastrophically injured clients during some of the most traumatic and transformational times in their lives. Don and his partners have respectfully earned a reputation for cutting-edge creativity, a collaborative team approach to case management and tireless advocacy of their clients’ well-being.
With more than 25 years of experience, Don’s professional resume includes a wide variety of personal injury cases, including automotive products liability, tire defects, consumer product defects, road design defects, construction defects, boating and locomotive accidents, aviation liability, legal malpractice, fires and vehicle/truck accidents. Don and his firm are routinely contacted by other lawyers handling major litigation matters who need the firms technical expertise and financial resources to pursue the litigation to trial.
Don has handled and tried virtually every kind of personal injury case – typical and atypical – from a cruise ship hitting an iceberg on the inside passage of Alaska to the mishandling of human remains by a regional funeral home chain, achieving dollar verdicts and settlements exceeding $200 million throughout Florida and the United States.
Areas of Practice
- Marine vessel defects
- Aircraft defects
- Automotive roof system defects
- Tire repair system defects
- Industrial/consumer machinery defects
- Motor vehicle/truck accidents
- Board Certified Civil Trial Lawyer, Florida Bar Board of Legal Specialization and
- Board Certified Trial Advocate , National Board of Trial Advocacy
- American Board of Trial Advocates (ABOTA)
Awards and Honors
- Best Lawyers in America—Products Liability Litigation and Personal Injury Litigation
- AV® Preeminent™ Peer Review RatedSM by Martindale-Hubbell®
- Florida Trend magazine’s Legal Elite – Civil Trial Law – Top 2 % of Lawyers
- Florida Super Lawyers – Top 5 percent of attorneys in Florida
- South Florida Legal Guide – Top Lawyers for Personal Injury
- Lawdragon – Leading Plaintiffs’ Lawyers in America
- Million Dollar Advocates Forum
- American Association for Justice, Steven T. Sharp Public Service Award for “Contributing Toward a Safer, More Just America by Investigating and Gathering Evidence Pertaining to Tire Belt Separation and Vehicle Rollovers in Firestone Tire and Ford Explorer Cases.”
- Daily Business Review – Most Effective Lawyers Award
- U.S. District Court, Southern District of Florida
- U.S. District Court, Middle District of Florida
- U.S. District Court, Northern District of Florida
- Special Pro Hac Vice Admissions in Georgia, California, Nevada, New Mexico, Arizona,
- Oklahoma, Virginia, Alabama, New York, North Carolina, South Carolina
- J.D., Stetson University, 1988
- B.A., Florida State University, 1985
- The Florida Bar
- Florida Justice Association
- Palm Beach County Bar Association
- Palm Beach County Justice Association
Mr. Fountain, his wife, and three children reside in West Palm Beach, Florida.
Among Don’s many accomplishments is a major victory for the firm’s clients and the nation’s consumers when Clark Fountain’s products liability team convinced two separate Florida courts to allow punitive damage claims against Chrysler for designing and manufacturing its line of 15-passenger vans that the plaintiff contended the company knew were prone to rollovers. These are believed to be the only two cases in the country in which a court allowed the pleading of punitive damages. Chrysler stopped manufacturing the van altogether and adopted a new and improved design.
Don is most proud of the fact that some of the litigation he pursues has encouraged major manufacturers of automotive, tire and other consumer products to recall their products, or redesign them entirely after litigation exposed dangerous safety concerns. Don’s efforts of encouraging manufactures to make their products safer through the litigation process prompted the American Association for Justice to recognize him with the Public Service Award following the nation’s largest recall of Firestone passenger car tires.