Who’s Responsible for a Slip and Fall at O’Hare or Midway?

Airports are busy, high-traffic places where people hurry, luggage rolls, food and drink are spilled, and weather moves quickly from dry to snowy, all of which makes slips and falls surprisingly common and often serious. If you slip at O’Hare or Midway, the question everyone asks first is: who pays? The short answer is: it depends. Determining responsibility turns on who controlled the exact location where you fell, what they knew (or should have known) about the hazard, and whether reasonable steps were taken to inspect and fix or warn about the danger. Below we explain the most important legal concepts, the likely responsible parties at Chicago’s two major airports, what evidence matters, and practical next steps for someone injured in a terminal, garage, concession area, or curbside.

Who Owns and Runs O’Hare and Midway

Both O’Hare (ORD) and Midway (MDW) are administered by the City of Chicago’s Department of Aviation (CDA). That means the City, acting through CDA, is the public owner/operator of the terminals, concourses, roadways, and many common areas inside the airports, but it does not necessarily operate every business or maintain every square foot. Airlines, parking operators, concession vendors, janitorial contractors, and private firms frequently control or maintain particular areas under leases or service contracts. Knowing who had operational control of the specific spot where you fell is the first step in deciding which entity might be responsible.

Why Airports are Slip and Fall Hotspots

A few facts give this risk context. Chicago’s terminals are among the busiest in the world: in recent years O’Hare processed tens of millions of passengers annually (74 million+ in 2023 and over 80 million more recently), and Midway handled many millions as well. The sheer numbers mean more opportunities for spills, tracked-in rain and snow, crowded walkways, and hurried trips. High foot-traffic, combined with weather that changes seasonally and dense concession and construction zones, increases the chance of dangerous conditions.

On a national level, falls remain a leading source of injury. Millions of Americans are treated in emergency departments each year for fall-related injuries, and slips/trips/falls are among the top causes of workplace and public-place injuries. Those statistics underscore why airports, which combine crowds, hard flooring, and frequent cleaning or maintenance, are places where falls commonly occur and can cause broken bones, head injuries, and substantial medical expenses.

Potentially At-Fault Parties at an Airport

There is no single rule that “the airport” is always responsible. Liability depends on control, notice, and reasonableness. Common potential defendants include:

The City of Chicago / Chicago Department of Aviation (CDA): as owner/operator of O’Hare and Midway, the City can be responsible for hazards in common areas if it knew (or should have known) about the condition and failed to remedy or warn.
Airlines: airlines may be liable for hazards in boarding areas, jetways, or airline-operated lounges and checkpoints under certain circumstances.
Concessionaires or food vendors: spills from a café or improperly maintained floors around kiosks often fall squarely on the business that created the hazard.
Cleaning, maintenance, or snow-removal contractors: these vendors are often contractually responsible for keeping floors dry and safe; negligence or improper procedures (or failing to warn while floors are wet) can create liability.
Parking garage operators or shuttle companies: locations beyond the terminal, like garages, curbside pick-up zones, and shuttle areas may be controlled by separate operators.
Third parties or other passengers: sometimes another individual’s conduct (for example, spilling a drink and leaving it) is the proximate cause, and identifying that person can be important.

Which of the above applies turns on the specific facts: where you fell, who had control of that area, and whether that party knew (or reasonably should have known) about the hazard.

Legal Principles That Govern Airport Slip and Fall Claims in Illinois

Three core legal concepts matter in most Illinois premises liability cases:

Control/ownership: courts look to who had control over the area where the accident occurred. Ownership alone is relevant, but operational control and contractual responsibility often matter more. If a concessionaire or contractor had day-to-day responsibility for cleaning, they may be liable.
Notice (actual or constructive): to win a claim, a plaintiff typically must show that the owner/operator knew of the dangerous condition (actual notice) or that the condition existed long enough that the defendant should have discovered it by reasonable inspection (constructive notice). Evidence of prior incidents, lack of inspection logs, or a failure to clean during busy periods can establish constructive notice.
Comparative negligence: Illinois applies modified comparative negligence, so if you were partly at fault (for example, wearing inappropriate footwear or looking at your phone while walking), your recovery may be reduced in proportion to your share of fault.

Evidence That Matters in Airport Slip and Fall Cases

Airports are complex environments, but some types of evidence are especially persuasive:

Surveillance video from the terminal, concourse, restroom, or garage showing the fall or the hazardous condition before the fall.
Maintenance and cleaning logs showing whether the area had been inspected recently and when the floor was last mopped or treated.
Incident/occurrence reports filed by airport staff, concession employees, or security about spills or hazards.
Weather and entry records showing precipitation or tracked-in water at the time (important in winter months).
Witness statements (other travelers, employees, or passengers) who saw the spill or saw someone else create it.
Photos at the scene taken immediately after the fall showing drains, floor condition, lighting, signage, and distance from a spill.
Contracts and lease agreements (to establish which party had responsibility for a particular area, e.g., the vendor vs. the City).

If an airport or vendor refuses to share records, lawyers can seek those documents through subpoenas and formal discovery in litigation.

Common Slip and Fall Defenses

Defendants often raise predictable defenses:

“We didn’t know about it.” Plaintiffs counter with surveillance footage, cleaning logs, or testimony establishing the hazard existed long enough to have been discovered.
“You were careless.” The defendant will point to plaintiff conduct; the court then assigns fault percentages under comparative negligence rules. Good evidence showing the hazard was obvious or that reasonable steps weren’t taken to warn can blunt this defense.
“It was an act of God or transient.” Short-lived spills are harder to prove; establishing a pattern of inadequate inspections or multiple similar incidents can rebut the “transient” claim.
Sovereign or governmental immunity arguments: governments sometimes raise limited immunity defenses, but at municipal airports the City’s duties to keep public areas safe are well-established and Chicago’s Department of Aviation routinely faces premises liability claims.

Practical Steps to take if You Slip at O’Hare or Midway

Seek medical attention immediately; your health is the priority and medical records document your injury.
Report the incident to airport security and the specific business (if a concession or vendor is involved). Ask for a written incident report and get a copy or the report number.
Preserve evidence: photograph the scene, the floor, lighting, drains, footwear, and any signage. Get contact information for witnesses.
Keep receipts and records for all medical treatment, taxi/ride costs, and other expenses.
Avoid posting details on social media that could be used to question your credibility or admissions of fault.
Talk to an experienced Chicago Slip and Fall Accident lawyer: building a record against an airport or its contractors often requires subpoenas, review of contracts, and negotiation with city attorneys and private insurers.

Frequently Asked Questions About Falls at O’Hare and Midway

Q: Can I sue the City of Chicago if I slip at O’Hare or Midway?
A: Possibly. If the hazard was in a public area under CDA control and the City knew or should have known about it and failed to fix or warn, a claim against the City may be appropriate. The specific facts, where the fall happened and who had contractual responsibility, are critical.

Q: What if I slipped in a restaurant or shop inside the terminal?
A: Those businesses are often independently liable because they directly control their premises. Keep the receipt, report the incident to staff, and get their incident report information.

Q: Does the airport’s size or number of passengers make it harder to prove liability?
A: Busy airports are challenging because defenders can claim transient hazards are unavoidable. But heavy traffic also creates duties to inspect frequently; maintenance schedules and surveillance footage can show whether inspections were reasonable.

Q: How long do I have to file a claim in Illinois?
A: The statute of limitations for most personal injury actions in Illinois is two years from the date of the accident. Missing that deadline can bar recovery. Talk to a lawyer promptly.

Contact the Award-Winning Chicago Slip and Fall Accident Attorneys at John J. Malm & Associates

If you or a loved one suffered a slip and fall at O’Hare or Midway, you should not have to face the medical bills, lost wages, and uncertainty alone. These cases often involve multiple parties, from the City of Chicago to contractors and vendors, and require an experienced legal team to untangle the responsibility and fight for full compensation. At John J. Malm & Associates, we know how to hold airports and businesses accountable and secure justice for our clients. Don’t wait until important evidence is lost or deadlines expire. Contact our office today for a free consultation, and let us help you get the compensation you deserve.