Court hears arguments in case of child mauled by alleged service dog in restaurant

In a pivotal court session on January 14, 2025, the case of Leibman v. Waldroup took center stage, raising critical questions about the legal standing of service animals in public spaces. The discussion revolved around whether a dog, alleged to be a service animal, was properly certified and whether its presence in a restaurant led to a vicious attack on a child.

Key arguments emerged regarding the restaurant's responsibilities when a service dog is presented. One attorney highlighted that federal regulations allow establishments to ask specific questions about the dog's training and the disability it serves. However, it was noted that the restaurant in question did not inquire about the dog's certification or purpose, which could impact the case's jurisdictional standing.

The defense raised concerns about the lack of evidence linking the dog's presence to the alleged attack, questioning whether the claims against Dr. Liebman, who was said to have made statements about the dog, were sufficient to establish legal standing. They argued that without clear traceability between the doctor's actions and the incident, the case might not hold up in court.

As the session progressed, the focus shifted to the implications of the dog's certification status. The defense pointed out that there was no formal representation of the dog as certified, which could undermine the plaintiffs' claims. The court was urged to consider these jurisdictional issues carefully before delving into the merits of the case.

The session concluded with the respondents preparing to present their arguments, setting the stage for a legal battle that could redefine the boundaries of service animal regulations and public safety in Texas. The outcome of this case could have significant implications for how service animals are perceived and managed in public spaces, particularly in light of incidents involving aggressive behavior.