Plaintiff Jeremy Shorr has filed a lawsuit against the Museum of Ice Cream in New York City, claiming negligence after he broke his ankle jumping into the sprinkle pool.

Shorr, who visited the museum with his daughter on March 31, 2023, alleges he suffered “severe and permanent personal injuries” when he jumped into the ball-pit-like installation filled with oversized plastic sprinkles. The lawsuit, filed Wednesday in Manhattan state court, accuses the museum of failing to warn visitors about the danger of jumping into the sprinkle pool.

The Museum of Ice Cream is located in Brooklyn, New York.

The museum’s advertising and promotional materials, including a 2019 Instagram post, encouraged patrons to jump into the sprinkle pool, creating what Shorr claims is a “reasonable — but false — expectation that the Sprinkle Pool is fit and safe for that activity.”

A museum spokesperson declined to comment on the lawsuit. The museum’s website also invites visitors to “Dive into fun with our iconic sprinkle pool!” and features photos of children and adults playing in the shallow pool.

Shorr says his injuries required surgery and may need future surgeries, physical therapy, and diagnostic testing. He seeks unspecified damages for his medical and legal expenses.