Museum of Ice Cream Sued by Man Who Says He Broke His Ankle Jumping into Sprinkle Pool

A man who says he broke his ankle jumping into the splash pool at the Museum of Ice Cream in New York City has filed a lawsuit, claiming the establishment was negligent for failing to warn visitors that it was unsafe to jump into the splash pool .

Plaintiff Jeremy Shorr says in his lawsuit filed Wednesday in Manhattan state court that he visited the SoHo museum with his daughter on March 31, 2023, and suffered “serious and permanent injuries” when he jumped into the splash pool, a ball … installation as a pit full of oversized plastic splatter.

Shorr says in the lawsuit that the Museum of Ice Cream, which has four U.S. locations, encourages patrons to jump into the splash pool through its advertising and promotional materials, “creating the reasonable — but false — expectation that the splash pool is appropriate.” and safe for that activity.”

A spokesman for the museum declined to comment on the lawsuit.

Shorr’s lawsuit cites a 2019 post on the museum’s Instagram account showing the splash pool and asking potential customers if they are “ready to enter.”

Featuring ice cream and all-you-can-eat ice cream-themed installations, the museum’s website encourages visitors to “Have fun with our iconic splash pool!” It features photos of children and adults playing in the pool, which appears to be about ankle deep.

Shorr says his encounter with the splash left him with injuries that required surgery and may require future surgeries, as well as physical therapy and diagnostic tests. He is seeking unspecified damages to cover his medical and legal expenses.

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