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  • CBS New York

    Man sues Museum of Ice Cream after allegedly getting hurt in sprinkle pool

    By Kristie Keleshian,

    3 hours ago

    https://img.particlenews.com/image.php?url=084vEv_0utJOrL400

    Museum of Ice Cream sued over its sprinkle pool 01:55

    NEW YORK - The Museum of Ice Cream 's sprinkle pool is at the center of a lawsuit.

    A father claims he was injured earlier this year when jumping in .

    It's not quite like jumping into a ball pit. The Museum of Ice Cream's sprinkle pool has a harder landing.

    Jeremy Shorr filed a lawsuit says he got hurt in the sprinkle pool when jumping in back in March at the museum's SoHo location with his daughter. The complaint cites an ankle fracture and "severe and permanent injuries to his right leg, ankle and other parts of his body."

    https://img.particlenews.com/image.php?url=4EXPWj_0utJOrL400
    The sprinkle pool at the Museum of Ice Cream. CBS News New York

    The lawsuit claims negligence, highlighting a lack of proper warning about the risk of jumping in, and how the museum has advertised as a place to plunge in.

    The pool is only about ankle deep, or perhaps mid-calf for a small child. The sprinkles are hollow and made of plastic.

    Before entering the pool, patrons are told to take their shoes off. A sign across from nearby cubbies says not to run, not to dive, and - of course - not to eat the sprinkles.

    Videos of other people jumping off the pool's nearby diving boards are included in the complaint. In one, a woman said she sprained her leg and needed crutches, and another shows a woman falling flat while doing a cannonball.

    https://img.particlenews.com/image.php?url=3rjvVn_0utJOrL400
    The sprinkle pool at the Museum of Ice Cream. CBS News New York

    "It's not that deep"

    "It's a a little shallow for that. So maybe no cannonballs either," visitor Michelle Sandelin said.

    "I saw a couple kids land pretty hard, so I'd be surprised if an adult would jump in there," visitor Jamie Jongsma said.

    "Should've seen that it's not that deep. He should've put his foot first in and at least seen that it's not that deep," visitor Sofia Gogain said.

    Patrons sign waivers in order to enter the museum, acknowledging the risk of injury, and even death.

    "I mean, you've got to be responsible for your own actions, I think," Jongsma said.

    Shorr, his attorney, and the museum declined to comment.

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