A gentleman jumped into a shallow pool of rubber tubes, the Sprinkle Pool at the Museum of Ice Cream, and broke his ankle. Now, he is suing over his injuries.
This will be a pedantic battle over advertising language, posted signs, and responsible behavior. Is it clear the pool of Sprinkes is inches deep, at most? Does the signage do its job? In court filings, the plaintiff describes the pool:
On its website, Defendant advertises its facility as "a safe space" where visitors,
such as Plaintiff, are invited to "PLAY in the world-famous sprinkle pool" and are encouraged to
"jump in" and take "the plunge" into the Sprinkle Pool.
Some of the evidence presented in the document is an Instagram post from the museum with this photo and the text "Doors open
tomorrow, are you ready to jump in?"
Doesn't the fact that the "sprinkles" are about ankle-deep make clear you are not meant actually to jump in?
This TikTok is also referenced in the lawsuit despite the clearly posted signs that state "no diving."
Another social media post with the text "Fall is coming. New sprinkles too. Have you taken the plunge yet?" is presented as further evidence that people are encouraged to jump in. However, in the video, everyone falls gently backward into the pool. No one jumps in feet first.
I will be watching for news of this lawsuit and its outcome.
Previously: Try these delicious non-dairy ice cream treats!
