Museum of Ice Cream Sued Again for Premises Liability

The “sprinkle pool” at the Museum of Ice Cream in Manhattan is proving to be quite controversial. It seems like only yesterday that a man sued the establishment for an injury suffered at the pool, and now another plaintiff is coming forward with a very similar complaint. If you believe what these victims say, the pool is inherently unsafe – and it is proving to be a major source of premises liability lawsuits in Manhattan.

Woman Claims to Suffer Severe Injuries After Sprinkle Pool Fall 

In October of 2024, the New York Post reported that another incident had occurred at the Museum of Ice Cream in Manhattan. Although the incident occurred in 2022, the plaintiff is only now deciding to come forward and sue the museum for premises liability.

She claims that she was directed to take a plunge in this pool, which is filled with multicolored ice cream sprinkles. However, she quickly discovered that the pool was much shallower than staff seemed to imply – and she suffered a serious ankle fracture after striking the hard floor underneath the sprinkles.

Another plaintiff sued in March of 2023 with a strikingly similar story. He also suffered a severe ankle injury that required surgical treatment. In the end, metal hardware was installed in the man’s ankle.

The attorneys of both plaintiffs argue that this sprinkle pool represents a major threat to the public. Although they are the only ones who have sued, they are not the only ones who have been injured. Social media seems to be filled with videos documenting injuries at the sprinkle pool, including one woman who struck her tailbone after using a “mini diving board.” Another video shows a teenager “wincing” after slamming her feet into the sprinkles.

Did Staff Encourage Visitors to Jump into the Sprinkle Pool? 

Both plaintiffs assert that the Museum of Ice Cream encouraged them to jump into the sprinkle pool. The website seems to support this claim, as the museum writes: “Dive into fun with our iconic sprinkle pool.”

The museum will undoubtedly argue that the phrase “dive into fun” was not meant to be taken literally. One can “dive into fun” in a purely symbolic manner – much like the phrase “jumping for joy.” However, these plaintiffs also allege that they were specifically directed to dive into the pool by staff. This allegation may need to be explored in a courtroom.

Key Takeaways 

• Numerous people claim to have suffered injuries at the sprinkle pool
• This is an example of a “premise liability” lawsuit
• It remains to be seen whether staff encouraged visitors to “take the plunge”

Can a Premises Liability Lawyer in Manhattan Help Me? 

A New York personal injury lawyer may be able to help if you have suffered injuries at a museum, convention, or establishment in New York. A dangerous sprinkle pool is only one potential example of a fall hazard, and there are many others to consider. These include ice, snow, broken stairs, liquid spills, and many others. To learn more about your legal options after a slip and fall in Manhattan, contact Cohan Law, PLLC today.

Source: 

nypost.com/2024/10/19/us-news/woman-breaks-ankle-at-museum-of-ice-creams-sprinkle-pool-lawsuit/