A famous New York City museum is facing a lawsuit from a man who claims he was injured jumping into a sprinkle pool at the museum.
The man claims that he suffered a concussion and other injuries after jumping into the pool, which is filled with plastic sprinkles and is not very deep. The museum has argued that it is not liable for the man’s injuries because patrons are required to sign waivers acknowledging the risk of injury before entering the museum. The museum also argues that the sprinkle pool is a safe and well-maintained attraction.
The lawsuit is still pending, but it has raised questions about the safety of the Museum of Ice Cream’s attractions. Some critics have argued that the museum is more interested in creating Instagram-worthy moments than in ensuring the safety of its patrons.The museum has denied any wrongdoing and also said that it will continue to operate its sprinkle pool attraction.
The museum had a duty to keep all its guests reasonably safe, and they might have failed in that duty. This could be because the pool wasn’t designed safely, wasn’t supervised properly, or they didn’t warn guests adequately about the potential risks. Any of these would give them premise liability.
As already stated the Museum will bring up two main defenses:
Waiver: They’ll say guests sign a waiver, acknowledging there’s a risk of injury. Waivers are common in amusement park accidents. They can be tricky but they don’t always let a place completely off the hook.
Safe Attraction: They’ll argue the sprinkle pool is safe and well-maintained, and that the victims injuries were just an unfortunate accident.
If found negligent the Museum could be responsible for the victims medical bills, lost wages and pain and suffering. This is also very common recovery seen in Slip and Fall accidents.
The museum also mentioned the sprinkle pool is still open. This could be relevant If they haven’t made any changes to improve safety after the incident, it could suggest they’re not taking the risks seriously.
