Build It and They Will Drink, Inc. v. StrauchAnnotate this Case
Respondent Michael Strauch was stabbed by an intoxicated person outside of Eden Nightclub on New Year's Eve. Eden is owned by Petitioner Build It and They Will Drink, Inc. (Build It). Mr. Strauch filed a number of claims against Build It, including general negligence, premises liability claims and a "dram shop" claim for his injuries after the stabbing. The trial court dismissed all claims after determining that the attack was not foreseeable, and that Build It had no duty to insure Mr. Strauch's safety once he left the nightclub. The Court of Appeals reversed only the dram shop liability claim, holding that Colorado law does not require consideration of "foreseeability" in assessing liability against a club that serves alcohol. Build It appealed. Upon review, the Supreme Court found that the plain language of Colorado Dram-Shop Statute defined the criteria for liability without mentioning "foreseeability." The Court held that an injury does not have to be foreseeable after the sale or service of alcohol. The Court affirmed the appellate court's judgment that held Build It liable for Respondent's injuries.