Is it safe to jump into the hot tub? Maybe not. Man who broke ankle sues Museum of Ice Cream

A man is suing the Museum of Ice Cream after claiming he jumped into the facility's hot tub and broke his ankle during a visit to the New York location in 2023.

The lawsuit, filed Wednesday in New York State Supreme Court, accuses the museum of failing to adequately warn visitors about the dangers of jumping into the hot tub – a facility reminiscent of a ball pit but equipped with giant plastic splash pads.

In fact, the Museum of Ice Cream “actively encourages” visitors to jump into the hot tub through its advertising, marketing and promotional materials, the lawsuit says. “This creates a reasonable – but false – expectation that the hot tub is suitable and safe for this activity.”

That's exactly what plaintiff Jeremy Shorr did in March 2023, according to the lawsuit, when he took his daughter to the museum, which features interactive rooms and exhibits on the theme of ice cream.

A museum spokesperson declined to comment on the lawsuit when reached by USA TODAY Friday morning.

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Lawsuit cites social media posts highlighting dangers of sprinkler pools

The museum's homepage encourages visitors to “immerse themselves in the fun with our iconic bubble pool” and features photos of children and adults playing in the water feature.

Other marketing materials and social media posts also help “mislead the public” into believing that it is safe to jump into or bathe in the hot tub, the lawsuit says.

A 2019 social media post from the museum, provided as a screenshot and cited in the lawsuit, shows a picture of the hot tub with a caption asking visitors if they are ready to “jump in.”

The lawsuit claims the museum was aware of the harm the sprinkler pool could cause to visitors. The lawsuit references a 2021 Daily Mail article headlined “Well, that was a bust! Woman falls flat on her face as she plunges like a cannonball into pool of giant sprinklers.”

The lawsuit also refers to several social media posts showing guests jumping into the pool and injuring themselves.

A video posted on TikTok in August 2023 shows a visitor apparently spraining her leg while jumping into the installation. The video states that the person “landed on crutches.”

Another ESPN post from October shows a guest jumping from the diving board into the pool and includes the caption: “That didn't go according to plan.”

Plaintiff claims injuries required surgery and physical therapy

Shorr claims in the lawsuit that his own fall left him with “severe and permanent injuries to his right leg, ankle and other parts of his body,” including a broken ankle that required surgery.

In the meantime, Shorr is “no longer able to perform activities of daily living as before” as he continues to take pain medication and participate in physical therapy.

The lawsuit also alleges that the Ice Cream Museum – which has a total of six locations around the world – failed to build the basin deep enough or fill it with the right amount of sprinkles to make it safe.

The museum's FAQ page on its website briefly discusses the hot tub, but does not mention whether it is safe to jump in. Rather, the section explains how the pool is regularly cleaned with an “antibacterial hot tub shower, ensuring a fresh and clean experience with every jump.”

Eric Lagatta covers breaking and trending news for USA TODAY. Reach him at [email protected]

This article originally appeared on USA TODAY: Lawsuit against Sprinkle Pool Museum of Ice Cream: Man breaks ankles and sues