Legal Definitions - wrongful

Wrongful describes an action, omission, or state of being that is unjust, unfair, illegal, or unauthorized. It implies a violation of rights, duties, or established rules, often leading to harm or injury.

• Example 1: A city council votes to approve a new zoning law that disproportionately impacts a specific low-income neighborhood, forcing many residents to sell their homes for less than market value without adequate compensation or relocation assistance.

  Explanation: This action could be considered "wrongful" because, even if technically legal, it is characterized by unfairness and injustice towards a vulnerable community, potentially violating their rights to equitable treatment and property.

• Example 2: An employee is fired from their job shortly after reporting unsafe working conditions to a regulatory agency, despite having a strong performance record and no prior disciplinary issues.

  Explanation: This would likely be a "wrongful" termination because it is contrary to laws that protect whistleblowers from retaliation, making the employer's action unlawful.

• Example 3: After a tenant moves out, their former roommate continues to live in the apartment, refusing to pay rent or sign a new lease, even though they were only authorized to live there under the original tenant's agreement.

  Explanation: The roommate's continued occupation of the apartment is "wrongful" because they are no longer legally entitled to possess the property, making their presence unauthorized.

Wrongful Adoption refers to a legal claim made by adoptive parents against an adoption agency. This claim arises when the agency fails to fully or accurately disclose crucial information about the adopted child's background, such as significant physical, psychological, or genetic health issues, before the adoption is finalized. The parents typically seek financial compensation for the unexpected costs of care and emotional distress, rather than trying to reverse the adoption itself.

• Example 1: An adoption agency provides prospective parents with a child's medical history that omits a severe, congenital heart defect requiring multiple surgeries, despite having this information in their files. The defect is only discovered after the adoption is finalized.

  Explanation: This is a "wrongful adoption" because the agency failed to provide full and accurate information regarding the child's physical background, leading the adoptive parents to incur significant, unforeseen medical expenses.

• Example 2: An agency assures adoptive parents that a child has no significant behavioral issues, but intentionally withholds records indicating the child has a history of severe aggression and has been diagnosed with a complex developmental disorder requiring intensive, specialized therapy.

  Explanation: The agency's deliberate failure to disclose the child's true psychological and behavioral background constitutes a "wrongful adoption," as the parents were not given the complete information necessary to make an informed decision about adopting a child with such specific and challenging needs.