For many, a dog isn’t just a pet, it’s a part of the family.
They bring us joy and contentment and even though we might grumble when we have to take them for a walk when the heavens have just opened. We do it to keep them fit and healthy (and to prevent little puddles on the kitchen floor)!
However, what happens when a client cannot physically walk their dog due to the injuries they sustained in an accident and someone else must step in (pardon the pun)?
In the case of Sandra Mehmetemin v Craig Farrell [2017] EWCH 103 QB, the claimant included a claim for the three and a half hours a week that her husband spent walking her dogs. The defendant sought to argue that this was a chore expected to be carried out by a family member, however, Sir Robert Nelson did not agree:
“There is, in my judgment, no reason in principle why such services should not be provided by a relative in the same way as DIY is provided by a relative, and claimable. If there is a need to get someone else to provide a service which the injured person can no longer perform, and which has to be and is performed, the cost is recoverable whether it is commercial or gratuitous. That Mr Mehmetemin may enjoy walking the dogs (in the same way as a relative might enjoy gardening when forced to garden because of an injury to his wife) so that it might therefore be regarded as an amenity, does not prevent recovery, if he is carrying out the service for and instead of his wife when he would not otherwise have been doing so. In such circumstances it is a service he is performing, the need for which has been brought about by the accident”.
It is therefore reasonable to include a claim for walking the dog, either by another family member who did not walk the dog prior to the index accident or who has had to take on the claimant’s share or even a professional dog walker.
When calculating this head of loss, it is important to take into consideration any times that the claimant was able to walk the dog themselves and also any times the dog may be staying with family members or in kennels whilst the claimant is on holiday.
Careful consideration also needs to be given to the multiplier to be applied when calculating the future loss. The claimant’s lifetime multiplier is not applicable in this case and instead you must consider the life expectancy of the dog.
Example: Mr Smith employs a dog walker to walk Fluffy for one hour a day, five days a week at a cost of £15 per hour. Fluffy is a labradoodle who is eight years old at the time of preparing the schedule. A labradoodle has an average life expectancy of 12-15 years. If we take the median of 13.5, then we have a claim for 5.5 years.
1 hour x 5 days x 52 weeks x 5.5 years x £15ph = £21,450
