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Donald R. Fountain, Jr. is a founding partner of Clark, Fountain, Littky-Rubin & Whitman, a nationally recognized plaintiff trial attorney known for his skilled representation of catastrophically injured clients. For over 37 years, he has guided individuals and families through some of the most difficult and life-altering events they will ever face.
Don is board certified in civil trial law by both The Florida Bar and the National Board of Trial Advocacy. He has been named “Lawyer of the Year” in plaintiff product liability litigation by Best Lawyers in America® in 2024, 2021, 2019, and 2015. His work has been featured in major publications including the Miami Herald and The Wall Street Journal.
He has represented clients in more than 26 states and has tried nearly every kind of case, from a cruise ship collision in Alaska to the mishandling of human remains by a funeral home chain. Don frequently handles cases involving automotive product liability, tire defects, dangerous consumer products, road and construction hazards, boating and locomotive crashes, aviation liability, legal malpractice, fires, and serious trucking and vehicle accidents. He has secured hundreds of seven- and eight-figure verdicts and settlements, recovering over $1 billion for clients across the United States.
In 2021, Don and his trial team obtained a $200 million jury verdict in rural Georgia on behalf of Stephan and Margaret Batchelder, whose 7-year-old son was killed in a boat swamping defect incident. It remains the largest verdict in Rabun County history and the largest single award for pain and suffering in a wrongful death case in the history of Georgia. Following the jury’s decision, Malibu Boats issued a worldwide bow swamping safety notice and service advisory affecting ten separate boat models with manufacture dates as far back as 1986, acknowledging longstanding risks associated with the defect and prompting safety reviews across the industry.
In 2024, Don authored Defect Safety: A Primer for Lawyers to Identify Defective Products and Promote Consumer Safety Through Litigation, a practical book drawn from decades of real-world litigation. The Florida Bar approved the book for 14.0 CLE credits, recognizing its value to attorneys handling complex product liability cases. It lays out the process Don uses to uncover hidden defects, build cases, and hold manufacturers accountable through the one mechanism they fear most: trial by jury.
Since the book’s release, Don has been featured by major news networks and publications as a leading voice on product defect litigation, including CNET, Law360, CBS, WFMJ, ABC4, and KOMO News. His insight into corporate safety failures and litigation strategy continues to influence lawyers, regulators, and media across the country.
Don has been recognized as one of the “Top 100 Trial Lawyers in America,” a “Leading Plaintiffs’ Lawyer in America,” and one of “Florida’s Top 10 Attorneys.” He is frequently brought in by other firms to lead high-stakes cases that require deep technical expertise, strategic vision, and the ability to take a case all the way to verdict.
He is also consistently named a “Top Lawyer” in South Florida Legal Guide and among Florida Trend’s “Legal Elite,” a distinction shared by just 2 percent of lawyers in the state. Don holds an AV® Preeminent™ rating from Martindale-Hubbell®, the highest possible rating for professional ability and ethical standards. He has also been selected as a Super Lawyer® for 22 consecutive years.
Don is proud that his work has led to real-world safety improvements. His product defect cases have prompted manufacturers to recall or redesign dangerous products, often after litigation exposed risks they failed to address. The American Association for Justice honored him with the Justice Steven T. Sharp Public Service Award after his investigation led to the nation’s largest recall of Firestone passenger tires. He also litigated one of the first Takata airbag defect cases before any recalls were issued. Days after that case resolved, Takata recalled 3,000 vehicles. The recall eventually expanded to more than 65 million vehicles.
One of Don’s most significant victories came when he and the Clark Fountain product liability team convinced two Florida courts to allow punitive damage claims against Chrysler for its line of 15-passenger vans. The plaintiffs alleged—and the courts agreed—that Chrysler knew the vans were dangerously prone to rollovers but continued selling them anyway. At the time, these were the only cases in the country where a court allowed punitive damages for that vehicle. After the litigation, Chrysler pulled the model from the market and replaced it with a new and improved version.
Don is often the lawyer clients turn to after other firms have said no. He’s built a reputation for finding what others miss—hidden defects, ignored warnings, and safety failures that were there all along—and turning those facts into results that hold companies accountable and prevent future harm.
AI and the Expanding Duty of Safety
Artificial intelligence is transforming how products are designed, tested, and litigated. As Don Fountain explains in Law360, AI doesn’t narrow a manufacturer’s duty to protect consumers—it broadens it. Ignored AI safety insights may soon become the strongest evidence of corporate negligence in court.
Read the full article: Law360 — “AI Product Safety Insights May Expand Foreseeability,” by Donald R. Fountain
KFYR+ Live interview: Don Fountain Supreme Court Ruling Undermines Product Safety Oversight
Boat Defect Expert Don Fountain shares boating safety advice to help avoid tragedy with WBBJTV
Law360 Article CPSC's Amazon Ruling Is A Win for Safety, Accountability by Don Fountain
On July 14, 2021, the U.S. Consumer Product Safety Commission filed an administrative complaint against Amazon.com Inc., the world’s largest retailer, to force the company to take responsibility for recalling potentially hazardous products sold through its online marketplace.[1]
Amazon’s position? It claimed it was not responsible for ensuring the safety of products sold by third-party sellers, arguing it was merely a platform, not a distributor.
Don Fountain's Landmark Boat Case Results in $200 Million Jury Verdict Against Major Boat Manufacturer
Justice Prevails for Grieving Son: Clark Fountain Secures $15.5 Million Settlement in Unprecedented Lawsuit
Great Trials Podcast Interview Episode 138: Don Fountain and Drew Ashby | Batchelder et al v. Malibu Boats, LLC, f/k/a Malibu Boats, Inc.; Malibu Boats West, Inc. et al. | $200 million verdict
Firm Obtains $200 Million Verdict for Family, Whose Son Was Killed Due to a Defective Boat Design
Author Don Fountain Interview on Drive Time Live
Founding partner Donald Fountain joins KSCJ’s Drive Time Live with Mark Hahn to discuss his groundbreaking book, Defect Safety. This insightful publication explores the critical role of product liability litigation in advancing consumer protection and enhancing product safety standards.
Author Don Fountain Interview on NBC TV
Author Don Fountain Interview on the Wake-Up Call
Don Fountain on NightSide with Dan Rea
KOMO TV ABC Seattle Interviews Don Fountain
Don on WIBX Keeler In The Morning
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
Practice Areas
Author of Defect Safety
Education
- J.D., Stetson University, 1988
- B.A., Florida State University, 1985
Certifications / Specialties
- Board Certified Civil Trial Lawyer, Florida Bar Board of Legal Specialization and Education
- Board Certified Trial Advocate, National Board of Trial Advocacy
Awards & Honors
- “Lawyer of the Year” by Best Lawyers in America ® – Product Liability Litigation, 2021
- “Lawyer of the Year” by Best Lawyers in America ® – Product Liability Litigation, 2019
- “Lawyer of the Year” by Best Lawyers in America ® – Product Liability Litigation, 2015
- Best Lawyers in America ® – Products Liability Litigation, Personal Injury Litigation
- “Top 20 Verdict” in Florida, 2018
- AV® Preeminent™ Peer Review Rated by Martindale-Hubbell®
- “Legal Elite,” Florida Trend – Civil Trial Law – Top 2% of Lawyers
- “Top 100 Trial Lawyers in America,” The National Trial Lawyers
- “Top Lawyers for Personal Injury,” South Florida Legal Guide
- Florida Super Lawyer® – Top 5% of Lawyers
- “Leading Plaintiffs’ Lawyers in America,” Lawdragon
- Most Effective Lawyers Award, Daily Business Review
- “Jam for Life” Award”, Cystic Fibrosis Foundation of Palm Beach County, 2008
- American Association for Justice Steven T. Sharp Public Service Award, 2001
Bar Admissions
- Florida
- U.S. District Court, Southern District of Florida
- U.S. District Court, Middle District of Florida
- U.S. District Court, Northern District of Florida
- Pro Hac Vice Admissions in Georgia, California, Nevada, New Mexico, Arizona, Oklahoma, Virginia, Alabama, New York, North Carolina, South Carolina, Tennessee, Missouri, Illinois, Texas
Professional Memberships
- The Florida Bar
- Florida Justice Association
- Palm Beach County Bar Association
- Palm Beach County Justice Association
- Million Dollar Advocates Forum®
- American Board of Trial Advocates (ABOTA)
- American Association for Justice
Personal
- Don and his wife live in West Palm Beach, Florida. They have three children.
