Protecting Our Children: Lessons From a €21,000 Child Injury Case

When you step into a restaurant with your family, the last thing you’d expect is to leave with your child injured due to a hidden hazard. Unfortunately, that’s exactly what happened to Ian Clarke and his family in 2018. Their four-year-old son, Ethan, was caught in a distressing accident at a Milano restaurant in Dublin, where his head became trapped between a metal pole and a wall. What transpired was a traumatic 15 minutes and a legal battle that ultimately saw Ethan awarded €21,000 for his injuries.

While accidents involving children can sometimes be unpredictable, the case underscores the importance of safety measures, proactive design, and knowing your rights if something goes wrong.

This blog will explore practical steps for preventing child injuries, understanding accident liabilities, and navigating child injury claims—all with the goal of creating a safer environment for your little ones.

A closer look at the Milano case

Ethan’s case is a sobering reminder of how quickly a seemingly harmless environment can turn hazardous. The pole in question, which forensic engineers confirmed had no structural purpose, presented an avoidable danger. Judge Ronan Munro commended the restaurant manager for assisting in freeing Ethan. However, the judge also emphasised the responsibility businesses have in maintaining environments that are safe for all, particularly children.

Ethan’s injuries—bruising to the head and ear, as well as permanent hair discolouration—were considered significant by the court. The €21,000 payout reflected not just the physical injuries but also the trauma suffered by the child during the incident.

This case raises critical questions about child safety, supervision, and liability. It also highlights how parents can pursue a legal claim when an organisation’s actions or negligence lead to harm.

Why children are particularly vulnerable to accidents

Children are naturally curious and adventurous, but these qualities can sometimes put them in harm’s way. Young children lack the experience and judgment to recognise hazards, and their smaller stature can make them vulnerable to risks that adults might overlook.

According to RoSPA (Royal Society for the Prevention of Accidents), home and public accidents remain one of the leading causes of injury and death among children in the UK. Notably, falls, choking, and entrapment incidents are the most prevalent causes of injury in children under five.

Factors contributing to accidents include:

• Curiosity and Lack of Awareness – Young children explore without understanding the consequences or dangers.
• Stress or Distraction – Accidents often occur when routine is disrupted or adults are preoccupied.
• Unsafe Environments – Poorly designed spaces, such as the Milano restaurant pole, create risks that could otherwise be mitigated.

Preventing childhood injuries

While you can’t prevent every mishap, there are numerous steps parents, guardians, and businesses can take to drastically reduce the risk of child injuries.

For parents at home or out in public:

1. Supervision is Key

Many accidents occur due to lapses in supervision. Keep an eye on your child, especially in unfamiliar environments where potential hazards may not be obvious.

2. Educate Your Child

Teach age-appropriate safety rules early, whether it’s avoiding sharp edges, not climbing furniture, or being careful near windows. Repeat these lessons consistently.

3. Inspect the Environment

Before letting your child roam, look for hidden dangers—such as protruding objects, unsecured furniture, or glass windows. Ask restaurant or event managers if they have childproofed spaces.

4. Be Prepared for Emergencies

Keep a basic first-aid kit on hand and ensure you know what to do in cases of choking, falls, or suffocation.

For businesses catering to families:

1. Child-Friendly Design

Thoughtful architectural design can prevent hazards. For example, furnishings like poles, handrails, or gaps between walls and fixtures should be designed with safety in mind.

2. Rigorous Safety Checks

Conduct regular reviews to ensure spaces remain safe for both adults and children. Minimising risks can also shield businesses from liability.

3. Employee Training

Staff should be prepared to assist in accidents and be knowledgeable about filling out incident reports, as seen in Ethan’s case.

Understanding liability in child injury cases

If your child is injured, understanding liability can help you decide whether a legal claim is possible. Under Irish law, organisations have a duty of care to maintain environments that are reasonably safe for all visitors, particularly children. This means businesses must take extra steps to account for how children interact with their surroundings.

Instances where you might have grounds for a claim include:

• Negligence by the organisation or staff – For example, safety hazards that were not addressed or removed.
• Product liability – If defective or poorly designed products result in injury.
• Lack of adequate supervision – Relevant in environments such as playgrounds, schools, or childcare settings.

Filing a child injury claim

Under Irish law, a personal injury claim for a minor must be filed by a parent or guardian, known as the “next friend”. The process typically includes the following steps:

1. Gather evidence – Take photos of the environment, write down witness accounts, and collect medical reports.
2. File an incident report – Ensure the organisation acknowledges the injury.
3. Contact a personal injury solicitor – Legal experts like HOMS Assist can guide you through the claims process and ensure the best outcome for your child.
4. Judicial approval of settlements – For minors, any settlement must be approved by a judge to ensure fairness.

Time limitations are an important consideration—claims must typically be initiated within two years after the child’s 18th birthday. However, evidence should be collected and organised as soon as possible to strengthen your case.

Prioritising safety for our children

Ethan Clarke’s case is a stark reminder of why vigilance is needed when it comes to childhood safety. Parents must advocate for their child’s well-being, while businesses must proactively address hazards to create family-friendly spaces.

By learning from incidents like these and understanding both preventative measures and legal rights, we can strive to keep children safe and supported in all environments.

If you believe your child’s accident was preventable and wish to explore your legal options, consider reading this Child Accident Claim Guide or contact a solicitor for tailored advice. Together, we can build a safer community for our children to thrive.