Man sues Museum of Ice Cream after breaking ankle by jumping into sprinkle pool

A man is suing the Museum of Ice Cream after breaking his ankle by jumping into its sprinkle pool, claiming the museum failed to warn visitors of the danger and even encouraged the activity in its marketing. The lawsuit, filed Wednesday in the New York Supreme Court, contends that the museum "actively encouraged" guests to jump into the pool, "creating the reasonable - but false - expectation that the sprinkle pool is fit and safe for that activity."

The plaintiff, Jeremy Shorr, visited the museum with his daughter in March 2023. The museum's website and marketing materials feature photos and statements encouraging visitors to "dive into fun" and play in the sprinkle pool, which resembles a ball pit filled with giant plastic sprinkles. The lawsuit also references a 2019 social media post from the museum, inviting guests to "jump in," and a 2021 article in which a woman is shown falling flat on her face after cannonballing into the pool.

TikTok videos from August and October 2023, also cited in the lawsuit, show guests injuring themselves while jumping into the pool.

Shorr alleges that his jump into the pool resulted in a broken ankle and other “severe and permanent personal injuries", requiring surgery and physical therapy. He claims the museum failed to make the pool deep enough or fill it with enough sprinkles to make it safe. The museum has declined to comment on the lawsuit.

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Originally published by Eric Lagatta at USA TODAY