CAMDEN, N.J. (Legal Newsline) - A New York woman is suing Burlington Stores, alleging its terms and conditions attempt to absolve it from liability.
Annette Martinez of West Haverstraw, New York, individually and for all others similarly situated, filed a class action lawsuit April 13 in U.S. District Court for the District of New Jersey against Burlington Stores Inc., alleging violations of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA).
The suit alleges the terms and conditions on Burlington's website, www.burlingtoncoatfactory.com, contain provisions that violate clearly established legal rights of consumers and attempt to disclaim liability for any claim under tort or negligence. The lawsuit states the provisions even purport to absolve the defendant of its responsibility to make and sell a safe product.
Martinez and others in the class seek a jury trial, a judgment of at least $100 per class member for each violation of the TCCWNA, injunctive relief, attorney fees and court costs. They are represented by attorneys Avi Naveh of Fair Lawn, New Jersey, and Jeffrey M. Gottlieb and Dana L. Gottlieb of Gottlieb & Associates in New York.
U.S. District Court for the District of New Jersey Case number 1:16-CV-02064-RMB-JS