Thank you Pat for following up with me.
If you can show reckless or intentional misdeeds on the part of the owner, you may be able to make a case for punitive damages
. Otherwise, to collect for your stress or suffering, you would need to make a case for negligent infliction of emotional distress. That means that the other dog owner had to have acted in such a reckless manner that your shock and pain was a foreseeable consequence.
That is because, while your dog is like a member of your family to you, the law sees a pet as your personal property, like a car, and for damage to personal property you are entitled to dollar for dollar damage. That means the dog's vet bills and other damages directly related to its care. You are not entitled to pain and suffering for the dog's injuries. That would only be recoverable for your injuries.
For that reason, since you said your back was injured, you are almost better suing for yourself and your injuries and treating the dog's injuries as you would the damage t your car if it were in an accident
and you suffered a back injury.
In any event, here are some cases relating to dog bites which may be helpful:
Marshall v. Ranne, 511 SW2d 255 (Tex. 1974).
Villareal v. Elizondo, 831 SW2d 474 (Tex.App.—Corpus Christi 1992, no writ).
Wells v. Burns, 480 SW2d 31 (Tex.App.—El Paso 1972, no writ).
Powers v. Palacios, 794 SW2d 493 (Tex.App.—Corpus Christi 1990), rev’d on other grounds, 813 SW2d 489 (Tex. 1991).
Moore v. McKay, 55 SW2d 865 (Tex.Civ.App. 1933, no writ)
Also be aware, the defendant's homeowner's insurance
may pay for the damages to you and your dog.
I hope this is helpful.