$275,000 Recovery After a Stairway Fall in Fairhope, Alabama
Publish Date : 02 November 2026
Note: We have changed our client’s name in this case study to protect her privacy.
Vivian was walking down exterior pier stairs at a private yacht club in Fairhope when she missed a step and fell the remaining four or five steps, leaving her with a visibly deformed right ankle. Imaging confirmed a trimalleolar fracture-dislocation, meaning all three bony prominences of the ankle were fractured and the joint itself was knocked out of position. Her ankle had to be put back into place in the emergency department that night, followed by surgery the next morning, and the case was litigated in Baldwin County for more than three years before resolving at mediation.
40+ years of combined legal experience
Free & confidential case evaluations
Home or hospital visits available
Proven Results
Our Record-Setting Verdicts and Settlements
$10M+
Civil Litigation
Settlement involving civil litigation in Alabama
$10M+
Personal Injury
Settlement involving a workplace injury
$8M+
Medical Malpractice
Jury verdict in medical malpractice against OB/GYN in wrongful death of an infant
A Severe Ankle Fracture-Dislocation Led to Surgery
In March 2022, Vivian was descending a flight of exterior pier stairs at a private yacht club in Fairhope, Alabama, when she missed a step and fell the remaining four or five steps to the bottom.
EMS found her lying near the pier with her right ankle visibly deformed. Same-day X-rays and CT imaging confirmed a trimalleolar fracture-dislocation.
The joint was manually reduced and splinted in the emergency department that night. The following morning, Vivian underwent open reduction and internal fixation surgery, with a plate and screws used to reconstruct the ankle.
The case was filed in Baldwin County Circuit Court and ultimately resolved at mediation in October 2025 for $275,000.
How the Stairway Fall Happened
Vivian was walking down the stairs in the evening when she missed a step and fell to the bottom near the pier.
EMS responded and transported her directly to the hospital. No law-enforcement report was generated.
What was immediately clear was the severity of the injury. Her right ankle was visibly deformed before she left the property, and hospital imaging documented the fracture-dislocation within hours of the fall.
Vivian’s Ankle Fracture, Reduction, and ORIF Surgery
Vivian suffered a trimalleolar fracture-dislocation of her right ankle. She also sprained the calcaneofibular ligament in her left ankle, although imaging showed no fracture there.
Her right ankle was manually put back into position in the emergency department and splinted. The next morning, surgeons performed open reduction and internal fixation, placing a plate and screws on the outer ankle bone and a screw through the inner one.
Her recovery progressed from a cast to a walking boot and then a knee scooter. She also used a brace for the left ankle sprain and later received chiropractic care for continuing ankle and foot symptoms.
A retained orthopedic surgeon who was board-certified and fellowship-trained in sports medicine and foot and ankle surgery concluded that the fall caused Vivian’s injuries. He also identified an ongoing risk of recurring pain and post-traumatic arthritis, with possible future treatment including medication, physical therapy, injections, or additional surgery.
No formal permanent impairment rating was assigned.
Why Contributory Negligence Was a Potential Risk
Alabama follows pure contributory negligence. If an injured person is found even slightly at fault, recovery can be barred entirely.
That rule creates an important risk in any stairway-fall case because the injured person’s own conduct may become part of the liability analysis.
The case also involved an unusual procedural issue. The presiding judge disclosed a conflict, and both parties filed motions waiving it in September 2024, allowing the case to continue without reassignment.
Cases like this one get won on the front end. The emergency room X-ray, the CT, the operative report — all of it existed within a day of her falling, and none of it depended on anybody remembering anything. By the time we sat down at mediation, the injury was not arguable. The only real question left was what it was worth.
C. Randall Caldwell, Jr.
Same-Day Imaging and Surgery Documented the Injury
Much of the key medical evidence existed within the first twenty-four hours.
EMS and emergency department records documented the mechanism of the fall and Vivian’s visibly deformed ankle. X-rays and CT imaging confirmed the fracture-dislocation the same day, and the operative report documented the surgical repair the following morning.
A retained orthopedic expert later addressed medical causation and Vivian’s potential future treatment needs. His report was completed roughly a year before mediation, giving the parties a documented picture of the injury and its long-term risks well before settlement discussions concluded.
The Case Result: Settlement at Mediation
The case was filed in Baldwin County, remained in litigation for more than three years, moved through the judicial-conflict waiver in September 2024, and included a retained orthopedic expert’s report the following month.
The parties reached a settlement at mediation in October 2025 for $275,000 rather than proceeding to trial. The defendant’s liability carrier funded the settlement within the timeframe required by the mediation agreement. The firm also negotiated a reduction of Vivian’s largest medical lien, allowing more of the recovery to remain with her after outstanding obligations were resolved.
What This Case Says About Our Approach
Our Alabama premises liability attorneys know that the seriousness of a fall cannot be measured by the label attached to the injury. In Vivian’s case, a “broken ankle” meant an emergency reduction, reconstructive surgery, permanent hardware, and a continuing risk of arthritis and future treatment.
Details matter more than shorthand.
Understanding the full medical picture prevents a serious injury from being reduced to a simple diagnosis.
Early documentation can shape the entire claim.
Imaging, emergency records, and operative reports created an objective record from the beginning.
Long-term consequences belong in the valuation.
Future arthritis, recurring pain, and possible additional treatment matter even when no formal impairment rating has been assigned.
Patience can protect value.
Some claims need time to develop medically and through litigation rather than being pushed toward an early resolution.
The result is not only the settlement itself.
Reducing medical liens is another way to protect what ultimately reaches the client.
The approach is to understand what the injury has meant from the first day through the likely future, then make sure the claim is evaluated on that complete picture.
Explore Our Other Case Studies
Caldwell Wenzel and Asthana Personal Injury Lawyers represents injury victims across Alabama, Mississippi, and Florida. Explore our other case studies to see how we’ve handled serious injuries, disputed liability, and complex insurance issues.
$575,000
Rear-End Collision Settlement in Fairhope
After a serious rear-end crash led to two surgeries and a disputed insurance coverage issue, Caldwell Wenzel and Asthana Personal Injury Lawyers helped secure a $575,000 settlement for the injured client.
Read case study
$400,000
Settlement After a Commercial Driver Turned Left Across Our Client’s Path
A company driver failed to yield, leaving our client with neck fractures, a vertebral artery injury, and eventual cervical fusion. We secured a $400,000 settlement.
Read case studyTalk to Caldwell Wenzel and Asthana Personal Injury Lawyers About Your Case
If you were seriously injured in a fall on someone else’s property, our Alabama premises liability attorneys can review what happened, the available evidence, and the medical impact of your injuries.