NEW YORK (AP) — A man has filed a lawsuit against the Museum of Ice Cream in New York City, alleging that he broke his ankle after jumping into the museum's sprinkle pool, and claiming that the facility was negligent for not warning visitors about the dangers of doing so.
The plaintiff, Jeremy Shorr, filed the lawsuit in Manhattan's state court on Wednesday. He claims that during a visit to the SoHo museum with his daughter on March 31, 2023, he sustained “severe and permanent personal injuries” after jumping into the sprinkle pool, which is a ball-pit-like installation filled with oversized plastic sprinkles.
Shorr argues that the Museum of Ice Cream, which has four locations across the U.S., promotes jumping into the sprinkle pool through its advertising and promotional materials, leading visitors to believe — incorrectly — that it is safe for such activities.
A spokesperson for the museum declined to comment on the lawsuit.
The lawsuit references a 2019 Instagram post from the museum that features the sprinkle pool and asks prospective visitors if they are “ready to jump in.” The museum's website, which showcases ice cream-themed installations and offers unlimited ice cream, also encourages visitors to “Dive into fun with our iconic sprinkle pool!” and includes photos of both children and adults playing in the pool, which appears to be about ankle-deep.
Shorr says the injuries he sustained in the sprinkle pool required surgery and may necessitate additional surgeries, physical therapy, and diagnostic testing. He is seeking unspecified damages to cover his medical and legal expenses.
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