The Hidden Mistakes Costing Attorneys Millions in Product Defect Cases
And the CLE-Accredited Book That Shows You How to Avoid Them
Approved by The Florida Bar for 14.0 CLE Credits
Discover Why Three Top Law Firms Rejected a Case
That Later Secured a $200 Million Verdict and Transformed an Industry
Dear Fellow Attorney,
Every week, skilled, committed lawyers watch their product defect cases collapse—often without ever knowing why.
They’ve followed the rules. Their evidence is strong. Their experts are respected. On paper, the case looks like a winner. Then it unravels.
Why? Because they’ve unknowingly stepped into one of the hidden traps I’ve seen again and again over 37 years of litigating high-stakes product defect cases.
These aren’t the obvious errors. They’re subtle. They look like sound judgment. They masquerade as best practices. In fact, they’re often rooted in what lawyers were taught to do.
That’s exactly what makes them so dangerous.
And by the time you realize what’s gone wrong, it’s often too late to fix it.
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MEET Don Fountain
Veteran Trial Lawyer. Industry Reformer. Mentor to the Next Generation.
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.
Don Fountain
founding partner at Clark, Fountain, Littky-Rubin & Whitman
As Seen & Featured In
Don't wait until after you've made one of these devastating mistakes.
Three respected firms turned down a case that ultimately resulted in a $200 million jury verdict—because they didn’t have this information. How many industry-shaping cases are slipping by unnoticed?
How many lives could your next case protect?
This free report distills 37 years of product defect litigation into practical insights you can apply right away. These are real lessons from the courtroom—earned through hard experience, not theory.
There’s no cost and no commitment. Just enter your email below for immediate access.
Because every time a valid defect case fails, a dangerous product stays on the market. This isn’t just about better case results. It’s about preventing the next avoidable tragedy.
Enter your email now to get immediate access to
"The 10 Silent Killers of Product Defect Litigation" and discover how to avoid the hidden traps that have destroyed countless promising cases.
GET YOUR FREE COPY NOW!
In This Free Report, You'll Discover:
Why waiting to hire your expert team is like playing Russian Roulette with your case
The catastrophic impact of not war-gaming every defense move before they make it
How your "cost-saving" decision to skip local counsel can destroy everything
The hidden time bombs that blow up cases before they begin
When your deep knowledge becomes your case's worst enemy
The silent killer that destroys more product cases than any other mistake
Why hiring the "best" expert often guarantees your case will fail
How concealing "bad" evidence creates a ticking time bomb that will destroy your credibility
The fatal independence syndrome that amplifies all other mistakes
"Don Fountain's insights into product defect litigation have transformed how we approach these cases. This report alone helped us identify crucial mistakes we were about to make in a major case."
- Senior Partner, National Law Firm
Consider This:
In the Batchelder v. Malibu Boats case, three prestigious law firms declined what would become a $200 million verdict and industry-changing litigation. Why? Because they fell victim to several of these silent killers without even knowing it.
I am Don Fountain, founding partner at Clark, Fountain, Littky-Rubin & Whitman. With over $1 billion in settlements and verdicts secured, and having transformed entire industries through product defect litigation, I have pinpointed the hidden pitfalls that have undermined countless promising cases.
Your next case could be the one that transforms an industry and saves countless lives. But only if you can avoid these devastating mistakes that have decimated otherwise winning cases and allowed dangerous products to remain on the market.
GET YOUR FREE COPY NOW!
