[WikiEN-l] Can the building owner be sued?

[Ray Saintonge]

Daniel P. B. Smith wrote:

>>From: "Anthony DiPierro" <wikilegal at inbox.org>
>>
>>So someone goes to a community corkboard in an apartment building and
>>writes "John Heybobarebob is gay" on the bathroom door.  Then the
>>owner of the apartment building sees the defamatory statement, takes
>>down the message, and stores it in a closet with a bunch of other
>>removed messages.  Then a janitor goes into to the closet, takes the
>>message, and creates photocopies which she proceeds to hand out to
>>people.
>>
>>You think the building owner can be sued?
>>    
>>
>I'm _certain_ the building owner can be sued.
>
>The question is, can the plaintiff win? That's a completely different  
>question... and since IANAL I wouldn't even try to guess.
>
A more interesting example might arise if the statement (perhaps with 
more imaginative phrasing) is on the wall above the urinal in a bar's 
public washroom. The same janitor photographs it (along with crowded 
other nearby messages that may include phone numbers advertising a good 
time and a free dose of AIDS), and distributes copies of the photo to 
his friends.  The drinking establishment is a tenant in the building 
owned by a numbered Swiss company.  Have fun.

Ec