Build It and They Will Drink, Inc., D/b/a Eden Nightclub, and Rodney Owen Beers v. Michael Alan Strauch

Summary

The court held that Colorado's dram-shop statute does not require proof that an injury was a foreseeable consequence of serving alcohol. The statute itself defines the circumstances establishing proximate cause and liability, requiring willful and knowing service to an underage or visibly intoxicated person and injury resulting from the person's intoxication. The court therefore affirmed the judgment reversing summary judgment on the statutory claim.