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Ben J. Whitman is a partner at Clark Fountain in Palm Beach Gardens, Florida. He focuses his nationwide practice on catastrophic injury and wrongful death cases involving defective products, commercial trucking accidents, and other complex liability matters.
Ben’s work on a particularly compelling case resulted in a record-setting settlement in excess of $86,000,000.00, which is one of the largest pre-verdict settlements arising from a single wrongful death in the country. He has also handled other cases resulting in recoveries exceeding $5,000,000.00 and $10,000,000.00 and has been involved in at least 40 cases with seven-figure results.
Ben is honored when clients and co-counsel turn to him in the aftermath of catastrophic incidents that have resulted in life-altering damages. In 2024, Ben was retained within hours of the devastating Realty Tower natural gas explosion in Youngstown, Ohio, to represent the family of a man who was killed after contractors cut a gas service line they believed to be inactive, though it had not been turned off by the utility company. Although more than 50 claims, including injuries and commercial losses, arose from the incident, Ben and his team were the first to file suit. Relying on their experience with utility and explosion litigation, they facilitated a significant seven-figure settlement within 90 days of the tragedy to support the grieving family.
Ben has litigated cases in more than twenty states across the country, including Florida, Georgia, Mississippi, Alabama, South Carolina, California, New Mexico, Nevada, Arizona, Illinois, Missouri, Pennsylvania, New York, Ohio, Minnesota, Nebraska, Utah, West Virginia, and Wyoming. Many attorneys in Florida and throughout the United States refer cases to Ben or co-counsel with him because of his expertise in catastrophic exposure and complex liability matters. These cases frequently involve multiple parties, highly technical issues, and substantial financial resources to pursue effectively. Several of Ben’s cases have involved 50 or more depositions and multiple seven-figure cost investments to fully develop the liability and damages issues on behalf of the firm’s clients.
Throughout his career, Ben has represented victims of Defective Products, Utility Electrocution incidents, Explosions, Construction Site Accidents, Legal Malpractice, and claims involving the negligence of professionals such as engineers and construction firms. He has handled Automotive Product Defect cases against nearly every major automobile manufacturer in the world and has litigated electrocution cases against every major utility company in Florida, as well as others throughout the Southeastern United States.
Ben has earned significant recognition within the legal community, further reinforcing his reputation for excellence. For four consecutive years, he has been selected by his peers for inclusion in the Best Lawyers in America in the fields of Personal Injury Litigation, Product Liability Litigation, and Professional Malpractice Law. In addition to this ongoing recognition, Ben was previously named a Rising Star by Super Lawyers, a distinction awarded to fewer than 2.5% of Florida attorneys. This honor is reserved for attorneys under the age of 40 with fewer than ten years of practice.
Ben holds an AV Preeminent rating from Martindale-Hubbell, signifying the highest standard of professional skill and ethical conduct. In 2020, he was named a “Top Up and Comer Attorney” by the South Florida Legal Guide, published by South Florida Business and Wealth. That same year, the Florida Justice Association presented Ben with its “Bronze Eagle” award in recognition of his sustained contributions to the legal profession. Most recently, in 2022, Palm Beach Illustrated included Ben in its “2022 Top Lawyers” list for Product Liability Litigation.
Outside of litigation, Ben is actively involved in organizations committed to protecting the civil justice system and the rights of injured individuals, including the American Association for Justice (AAJ), the Florida Justice Association (FJA), and the Palm Beach County Justice Association (PBCJA). Ben has served on the Board of Directors of the Florida Justice Association since 2018. He sits on several legislative committees that advocate for consumer rights during each session in Tallahassee and is actively involved in the FJA Law School Outreach program.
As part of his pro bono practice, Ben has been appointed guardian ad litem in numerous cases where courts require legal review of proposed personal injury settlements on behalf of minor children, ensuring the settlement terms and disbursement of funds serve the child’s best interests.
Most Notable Cases
- An $86,000,000.00 Record-Breaking Wrongful Death Settlement – one of the largest in the United States for a single death arising from an incident on a commercial premises.
- A $7,650,000.00 Settlement for a man catastrophically injured in a construction zone on a Florida Roadway from contractors – all of whom initially denied liability and clamed complete immunity.
- A $5,500,000.00 Settlement from A Product Manufacturer that tested a product revealing a defect that they never corrected or warned about resulting in a Wrongful Death.
- A $5,500,000.00 Settlement from A Contractor That Installed and Inspected Various Equipment on A Commercial Premises Where an Explosion Occurred;
- A $5,250,000.00 Award Against a Construction Company on Behalf of a Young Woman Backed Over by A Skid Steer Loader on An Active Construction Site
- A $5,000,000.00 Settlement from An International Tire Manufacturer for The Family of A Child That Was Killed As A Result Of A Complete Tread Belt Separation Of A Tire On The Family Vehicle;
- A $4,750,000.00 Settlement for The Family of A Young Girl With Catastrophic Injuries Caused By A Negligently Serviced And Inspected Vehicle
- A $4,000,000.00 Partial Settlement from A Contractor Hired to Inspect and Certify Safety Devices on A Commercial Property Where An Explosion Occurred;
- A $3,750,000.00 Settlement for A Utility Worker That Suffered a Complete Arm Amputations While Operating an Aerial Lift Device (“Bucket Truck”);
- A $3,545,000.00 Combined Settlement for The Family of a Landscaper Killed In An Electrocution Incident;
- A $3,490,000.00 Combined Settlement A Minor That Suffered a Brain Injury as A Result Of A Poorly Designed Roadway Construction Project;
- A $3,000,000.00 Partial Settlement from An Engineering Company Related to Their Design Work on A Property Where an Explosion Occurred;
- A $3,000,000.00 Partial Settlement from a Contractor that caused an Explosion in a commercial premises resulting in a Wrongful Death;
- A $2,500,00.00 Settlement Arising from A Construction Site Injury;
- A $2,000,000.00 Settlement for a consumer injured by packaged food that was contaminated;
- A $2,000,000.00 Settlement for A Client That Suffered an Above the Knee Leg Amputation as A Result of A Negligently Modified Riding Lawn Mower;
- A $2,000,000.00 Partial Settlement for A Client from A Construction Company for Their Improper Implementation of Design Plans from An Engineer;
- A $2,000,000.00 Partial Settlement from A Product Manufacturer Who Designed and Sold a Safety Device Installed at A Commercial Property That Failed;
- A $1,925,000.00 Settlement for A Landscaper That Sustained Serious Injuries as A Result of An Electrocution Incident;
- A $1,800,000.00 Settlement for a tractor trailer driver who was catastrophically injured as a resulted of improper maintenance on his vehicle as well as product defects in the restraint (seatbelt) and driver’s seat systems.
- A $1,700,000.00 Settlement reached in a wrongful death lawsuit related to a defective seatback;
- A $1,500,000.00 Settlement for a construction worker injured by a defective joystick controls in a skid steer;
- A $1,500,000.00 Settlement for The Family of A Man Killed By Defective Construction Equipment That Had Certain Safety Equipment Sold As “Optional”
- A $1,500,000.00 Settlement for the family of a man killed involved in a highly contested liability incident involving a Tractor Trailer;
- A $1,500,000.00 Settlement for A Man Injured by A Negligently Operated a Tractor Trailer;
Articles
- Consumer Product Liability Cases: Getting Started, AIEG Voice Summer 2018
Speaking Engagements
- “Vehicle Incursions: Hostile on Purpose, Costly by Accident” ISC West Seminar, Las Vegas, NV – March 2025
- “I Know Places Where You Have Minimum Contacts: Securing Personal Jurisdiction Over International & Foreign Defendants” American Association of Justice Annual Convention, San Francisco, California – July 2025
- “Strategies for Litigating Natural Gas Explosions and Vegetation Management Related Wrongful Death Cases” Florida Justice Association Workhorse Seminar Orlando, Florida – February 2025
- “Defeating Personal Jurisdiction Challenges Raised by Chinese Defendants & Jurisdictional Discovery Issues” – AIEG Spring Conference, Honolulu, Hawaii – April 2023
- “Utility Company, Tree Trimmer Contractor, and Arborist Liability in Electrocution Cases” – Florida Justice Associations 2022 Advanced Trial Skills Seminar, Orlando, Florida – June 2022
- “Electrocution, Utility Injuries & Aerial Lift Devices Cases” – Attorneys Information Exchange Group (AIEG) Annual Spring Seminar, Birmingham, AL- April 2022
- “Intake & Sign Up – Preserving Evidence, Identifying and Preserving Product Defect and “Hidden” Causes of Actions” – Florida Justice Associations 2022 Boot Camp Webinar, April 2022
- “Roadway Design Cases” – Florida Justice Associations 2022 Workhorse Seminar, Orlando, Florida – March 2022
- “Litigating Modified Vehicle Defect Cases” – Attorneys Information Exchange Group (AIEG) Conference, Napa, California – October 2021
- “Products Defect / Complex Litigation Cases – How to Avoid Legal Malpractice” – Palm Beach County Justice Association, Webinar – July 2021
- “Strict Liability and Heavy Commercial Trucks” – Florida Justice Associations 36th Annual John Romano’s Workhorse Virtual Seminar, February 2021
- “Consumer Product Liability Cases” – American Association for Justice Amped Up Virtual Event, July 2020
- “Avoiding Product Liability Legal Malpractice Pitfalls.” – Broward County Bar Association, Delray Beach, Florida – December 18, 2019
- “New Lawyer: First Day on the Job.” – Florida Justice Association Law School Outreach Program Lecture Series; Tallahassee, Gainesville, Orlando – October 15-17, 2019
- “Aerial Device and Landscaper Electrocution Case Strategies.” – Broward County Trial Lawyers Association, Coral Springs, FL – May 7, 2019
- “How to Spot Products Cases.” – Palm Beach County Justice Association Facebook Channel via Facebook Live, West Palm Beach, FL – March 8, 2019
- “Liability Theories and Litigation Strategies in Electrocution & Utility Cases.” – Florida Justice Association John Romano’s Workhorse Seminar, Orlando, FL – February 20, 2019
- “Tire Retailer Negligence (Negligent Sale, Service, Placement, Inspection, Failure to Warn)” – Florida Justice Association Ski Seminar, Park City, Utah – January 18, 2019
- “Consumer Product Liability: Cases Studies and Pre Suit Strategies.” – Attorney Information Exchange Group (AIEG) Fall Conference, Lake Tahoe, Nevada – September 26, 2018
- “Current Trends In Automotive Product Liability Cases: Aftermarket Lift Kits and Vehicle / Tire Service Cases.” – Florida Justice Association John Romano’s Workhorse Seminar, Orlando, Florida – March 22, 2018
- “Litigating Consumer Product Liability Cases.” – Florida Justice Association Ski Seminar, Park City, Utah – February 24, 2018
- “Practical Tips For Preparing For And Taking Depositions As A New Attorney.” – Florida Justice Association Law School Outreach Seminar (Florida State College of Law) – March 23, 2017
- “Debris or Defect? What to Look for to Determine if a Tire Blowout was Caused by Road Debris or a Tire Defect.” – Florida Justice Association Workhorse Seminar – March 3, 2017
Recent News Coverage
Inside Edition: Can Concrete Bollards Prevent Tragedies at Gas Stations
Part 1: Gas Station’s Negligence Led to Fiery Death of Young Mother of Five
Part 2: Gas Station’s Negligence Led to Death of Young Mother of Five
Family of Penn Hills graduate killed in Ohio explosion files lawsuit
