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Ben J. Whitman is a partner of Clark Fountain in Palm Beach Gardens, Florida, and focuses his nationwide practice on catastrophic injury and wrongful death cases caused by defective products, commercial trucking accidents, and other complex liability situations. Ben’s work has resulted in dozens of seven and eight figure recoveries for his client’s including one exceeding $20,000,000.00 and multiple settlements in excess of $5,000,000.00.
Ben has handled cases in over 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 lawyers both in Florida and across the United States refer cases to Ben or co-counsel with him due to his expertise in catastrophic exposure and complex liability cases. These cases often involve multiple parties, technical issues, and require significant financial resources to pursue.
Throughout his career, Ben has represented victims of Defective Products, Utility Electrocution Incidents, Explosions, Construction Site Incidents, Legal Malpractice, and issues arising from the negligence of professionals such as engineers and construction companies. Ben has handled Automotive Product Defect cases against nearly every major automobile manufacturer in the world and has handled electrocution cases against every major utility company in the state of Florida and others around the Southeastern United States.
Ben has garnered significant accolades in the legal community, solidifying his reputation for excellence. For four consecutive years, he has been chosen by his peers for inclusion in the Best Lawyers in America list in the fields of Personal Injury Litigation, Product Liability Litigation, and Professional Malpractice Law. In addition to this ongoing recognition, he has previously been distinguished as a Rising Star by Super Lawyers®, an honor held by fewer than 2.5% of Florida’s legal professionals. This title is reserved for attorneys under 40 with less than a decade of practice.
Ben has also achieved an AV® Preeminent™ rating from Martindale-Hubbell®, signifying the pinnacle 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 honored him with the “Bronze Eagle” award for his sustained contributions to the legal community. Most recently, in 2022, The Palm Beach Illustrated included Ben in their “2022 Top Lawyers” list for Product Liability Litigation.
Outside of his litigation practice, Ben is actively involved with various organizations devoted to protecting the civil justice system and the rights of injured citizens and consumers 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, sits on various legislative committees that seek to protect consumers’ rights in the lawmaking process in Tallahassee during each legislative session, and has been actively involved in the FJA Law School Outreach program. As part of his pro bono practice, Ben has been appointed as guardian ad litem in many cases where courts require an attorney to review a proposed personal injury settlement on behalf of a minor child to ensure the best interests of the child are protected by the settlement and the disbursement of the funds.
Most Notable Cases
- A Record-Breaking Verdict Of $200 Million Against The World’s Largest Ski Boat Manufacturer For The Family Of A 7-Year-Old Boy Tragically Killed By A Defectively Designed Ski Boat.
- 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 $2,500,00.00 Settlement Arising from A Construction Site Injury
- 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 $1,500,000.00 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 A Man Injured by A Negligently Operated a Tractor Trailer;
- A $1,099,000.00 Settlement for The Family of a Man Who Died in An Electrocution Incident;
- A $1,075,000.00 Settlement for A Client That Sustained Catastrophic Injuries as A Result of a Defective Airbag That Failed To Deploy;
- A $1,070,000.00 Settlement for The Family of a Man Killed in An Electrocution Incident While Performing Maintenance Work in A Condominium Building Transformer Room;
- A $1,050,000.00 Settlement for A Man Who Sustained an Above the Elbow Amputation While Operating a Bucket Truck and Servicing Power Lines;
- A $1,000,000.00 Settlement from A Company That Distributed and Sold a Safety Device That Was Installed on A Commercial Premises Where an Explosion Occurred;
- Over $1,000,000.00 Settlement For the Victim of a Mass Shooting Event from The Premises Owners and Security Companies on Duty at The Time of The Incident;
- A $1,000,000.00 Settlement for A Construction Worker That Sustained a Severe Leg Injury as A Result of Defective Construction Equipment;
- A $1,000,000.00 Policy Limits Settlement for The Family of a Passenger Who Was Killed as A Result of a Negligent Tire and Vehicle Inspection;
- A $1,000,000.00 Policy Limits Settlement for The Family of a Driver Who Crashed into The Rear of Slow-Moving Tractor Trailer;
- A $1,000,000.00 Settlement for A Man Injured When a Concrete Truck Failed to Stop in Time and Rear Ended Him on The Highway;
- A $1,000,000.00 Policy Limits Settlement for The Family of a Veteran Who Was Rendering Aid to Other Motorists When a Crash Was Caused by A Crashed Tractor Trailer That Did Not Readily Deploy Its Hazard Equipment;
- A $1,000,000.00 Extra Contractual Settlement from An Insurance Company That Insured a Driver Who Negligently Operated Her Motor Vehicle and A Fatality;
Articles
- Consumer Product Liability Cases: Getting Started, AIEG Voice Summer 2018
Speaking Engagements
- “Defeating Personal Jurisdiction Challenges Raised by Chinese Defendants & Jurisdictional Discovery Issues” – AIEG Spring Conference, Honolulu, Hawaii – April 2023
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“Utility Company, Tree Trimmer Contractor, and Arborist Liability in Electrocution Cases” – Florida Justice Associations 2022 Advanced Trial Skills Seminar, Orlando, Florida – June 2022
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“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
