The Museum of Ice Cream's sprinkle pool is at the center of a lawsuit. A father claims he was injured earlier this year when jumping in. CBS New York's Kristie Keleshian reports.
I do think it's weird they had all those little diving boards, I think it should have been at least as deep as a ball pit, although I havnt been in a ball pit since I was 10 so maybe they are not as deep as I remember lol
Ball pits do very little to slow your fall. You shouldn't jump in those as an adult either. Kids that weigh 90 pounds or less are going to have a much easier time jumping into this pool than an adult weighing over 130 pounds. It's basic physics. It's the same reason why a squirrel can fall out of a tree and be just fine afterward. The staff want the kids to be able to enjoy themselves, but children in adult bodies cannot resist the opportunity to injure themselves for a video on social media.
Bro I’m pretty sure it’s not made for adults, even if it was Adult mid-friendly then where is the common sense… Also kids are like 3ft or 4ft tall, I’m pretty sure it’s not meant for adults who are over 5ft
why woulda grown man jump into something designed for little children, thats like diving into the kids pool at the water park, he shouldnt be able to sue for his stupidity
@@h2ojr1 lava temperature coffee that melts your skin is reasonable grounds for a lawsuit. that's why she won and mcdonald's made it their mission to slander her name and make it almost impossible to sue corporations for their mishaps.
@@h2ojr1 ok the “coffee is hot” lady actually had a reasonable argument though. The lid was not properly secured and the coffee was served so hot that it melted her skin. And she only asked for medical expenses covered initially.
It would be more accurately to compare this to that guy who died the man that HE TRIED TO ROB FOR INJURIES HE GOT FROM THE MAN'S DOG WHILE FAILING TO ROB THE MAN@@h2ojr1
@@poa2.0surface77 why would you ask me to look it up, when if you do you find completely different descriptions. Of course these words can be used in other contexts, particularly jumping like "I jumped his bones" or a jump cut in a film. But in the context of it being a verb about kinesthetically moving your body; "dive 1 (dīv) v. dived or dove (dōv), dived, div·ing, dives vb 1a. To plunge, especially headfirst, into water jump (dʒʌmp) vb 1. to leap or spring clear of the ground or other surface by using the muscles in the legs and feet. To dive implies to go headfirst (well arms then head) into the water. Whereas a jump doesn't, I'm not saying you can't loosely interchange them, but if I go to a swimming pool that has a no diving sign (which always has a drawing of someone going headfirst) I can still jump into the pool, I just can't dive into it.....
Why would they put a diving board there though if it is not safe to jump off? I do think this guy was being foolish but why on earth would the put a diving board like that there.
Adults can play video games, board games, DND, with hot wheels or stuffed animals for all I care. No problem as long as it isn't interfering with responsibilities. But in a public space with other people's children? Is sensible to watch with a suspicious eye in case the adult isn't right in the head (mental illness, drugs, developmental delay, etc. could result in inadvertently causing harm) or might try to lure a child. It is sensible to maintain some boundary so we know when someone is crossing it. The crossing isn't proof positive of malfeasance, but rather a sign to be alert.
@@brandonn3543 exactly my point. That's why there are so many personal injury lawyer ads on TV. Also why insurance is so expensive... so they can pay idiots who successfully scam them.
There’s a lot of case law about the effectiveness of a waiver. It depends on a lot of variables. Google “Lord Denning’s big red hand” for the UK/Canadian take on it.
A similar thing happened at TwitchCon a few years ago where a girl broke her back. There could be something despite the waver. Its not a catch all get out of jail free card. Though the posted rules could harm the case.
He's also the person that dives in head first next to the pool stairs. 🤦 I say, just give him some money and wait for him to use it to finish Darwining himself. Help the guy out with a ticket for bungee jumping, or a free parkour lesson.
To be fair, the diving board is pretty much an invitation to jump. There isn't a sign for age or weight restrictions for people diving into the sprinkles. You don't know if there's a hard floor underneath either. It really seems like someone can get seriously injured eventually.
The museum is absolutely in the wrong here. This pool is intended to be jumped into. There are zero warnings about jumping, and they have boards on the side designed to jump off of.
The business will be sued for negligence and they will lose. They will settle and remove the pool before they get sued again. The waiver is useless in court.
It’s super lame and so overpriced! Don’t bother! My niece begged me to take her cuz she saw something on stupid tik tok. No I did not dive or go into that nasty sticky shallow sprinkle pool, that would be dumb!
Been there. It’s not particularly good, and SO crowded, but the snacks are cute and you can occasionally get some good pictures. It’s more a place to take selfies than an actual museum.
Bro it’s not water. Wtf is he doing. And it is not that deep. Been there, if you jump into plastic it won’t magically get softer or turn into liquid, it will feel like plastic.
They set up a diving board. But for that I agree. But since they set one up that is akin to inviting people to jump in. What else is a diving board for?
@@xx133yes well as an adult if you see a bunch of kids jumping into a Sprinkle pool you might want to stick your legs in first before you jump into a Sprinkle pool he's just looking for a lawsuit this is made for kids he was an idiot adult who wanted to be this young dad and he needs to realize this is like a ride at Disneyland that's made for kids only
It is not "supposed to be for kids" most of the exhibits at those types of museums are for all to enjoy. You just have to enjoy some differently than a kid would if you are full sized grown adult man.
one the most disgusting things on the planet are ball pits. Sprinkle pits would be no different. Seriously though, they have found nearly every body fluid in ball pits ☣️🤢
Quit being a germaphobe. We used to do the ball pits all the time as kids and we are still standing. Give your immune system a chance to work instead of panpering it with bubble wrap.
You know what?, i seen news of some one who traped in balls pool, its dangerous if its go to deep, you can be traped in it, but now people find another way to make it dangerous huh?, i think the maker of the pool just need to install soft ground beneath the pool.
The adult getting hurt is just funny. But after seeing the “no diving”sign they make it seem like it’s multiple feet deep. The no diving sign should really for kids sake show the floor right below the colored pink on the image
@@arcangelmaaze7804 it’s an area for kids. Kids see a diving board, they dive. They won’t always notice or even be able to read the signs. That an adult didn’t exercise more awareness is embarrassing, sure. But the museum is definitely in hot water
@@TheDarkPixie991:29 it says "NO DIVING" and also in Capital letters 😂. Why would they need to include the area or how deep the pool is if it clearly says no diving.
How ridiculous. The sprinkle pool is NOT an actual pool, and you aren’t meant to jump or dive into it. It’s a shallow “pool” of large plastic capsules, not water 🙄
@@snakenbits4279 - Yeah, I agree. The crux of this is that the business has a diving board, which is inviting people to jump into it. I hate to say, but I think the business messed up on this one. They are inviting people to jump into the sprinkle pool, but it isn't deep enough to safely do that.
@@ChristophProbst True, but it’s not only the lack of depth. It’s an unstable surface made up of something harder and less forgiving than water. I could see this being a viable case if it was a kid, but any adult should know that landing would probably be uncomfortable at best, even if they ignored the multiple warning signs. It’s sort of like Scrooge McDuck diving into a room full of gold coins - it looks cool on TV, but most people know it’d end extremely badly if a real person tried that.
I hope he wins just so I can see the precedent set into law. According to the JACKSON Vs. MUSEUM OF ICECREAM (2024) the signs can be displayed and still the patron can sue for wrongful injury even if they willingly ignore the sign.
I actually saw a video of a ball pit getting all the balls industrially sanitized and replaced. Don't know about the sprinkles but they have special machines they put the ball pit balls in at least.
The museum has visitors sign a waiver saying they are not responsible for injury or death. Now, everybody jump into a pool of sprinkles! Oh, you didn't read the sign first that said the pool is only a few inches deep? Have a nice day at the emergency room?
@@davidtherwhanger6795he also likely didn't dive, just jumped based on it being an ankle injury Thankfully, waivers do not cover negligence on part of the business.
THANK YOU! I was starting to worry, getting this far down the comments w/o one person acknowledging that there's a "diving" board in a "no diving zone" ...also I've gotta add, notice the signs delivery of the rule almost exclusively needed for kids 3 & under has words that make sense sure but the picture, that's really a clear diversion (lol), a couple of shapes, I'm sure that'll be a clear message. Sorry it's gotten so long but I also wanted to add, sure I get that there's the waivers but there's also such a thing as bad design & I feel pretty safe saying this is a good example of it.
Nowhere in this video did they show a sign or mention any sign of the depth of the pool. The waiver is useless in court. It will not absolve the business of liability for it's negligence. The diving board is an open invitation to jump in. There is a sign showing not to dive in head first, but nothing about jumping in. I would not have jumped in. Maybe the guest isn't that bright, but that doesn't matter. The business should have seen this coming from the start. This is what will happen: the business will be served papers that they are being sued, then their attorney will advise them to settle out of court, then they will settle out of court as fast as possible and admit no wrong doing, then they will immediately close off the pool and have it removed if they haven't done so already because the last thing they want is another lawsuit for negligence after already having been sued for the same thing knowing it is not safe, then they will quickly pay the settlement amount to the court with guaranteed funds, then the guest will receive those funds from the court. The guest is made whole for his injuries, his attorney gets paid, and the business will not get sued again for that same foreseeable mistake.
Although it was certainly unwise to jump before knowing depth, I am a bit perplexed that the museum would provide diving boards if they don't anticipate people jumping? Like what do they expect people to do with an item that is literally designed to be jumped off of?
Well they did say no diving. It's designed to look like a pool. Did he also expect it to actually be made of water?. Also children are much lighter and bendier than adults and can almost cannon ball into the ground. Seems the adult acted the fool and I hope he feels better soon
They should have changed the way they do things after the the first few complaints and videos surfaced. Maybe make the signs more clear about jumping in and how deep it is. Hey, this is 2024, they could even have videos playing in the background of people jumping in. I'm sure some people would still do it and possibly get hurt, but I would feel better about the museum's liability. This one is still a little iffy to me.
@RocLobo358 no diving is different than no jumping. No diving could also be seen as kinda of cute or cheeky since it is definitely obvious you wouldn't want to do that since diving is done head first. The problem, in addition to literally providing equipment to jump off of, is that this sprinkle pool is intentionally designed to mimic a ball pit and everybody jumps into ball pits with no problem.
@@ruffrider2626 you honestly sound like the kind of commentor who never gets laid and is dangerously unhappy with their lives in real life. Maybe stick to the actual substance of the topic rather than devolving into strange personal attacks. Makes ya look weird and unstable.
My kids and Iwent to the Los Angeles based Ice Cream museum years ago and it absolutely told us NOT to jump into the sprinkles pool.....idk about this suit sir.
Sorry but I’m not following the crowd here, I remember around 1-2 years ago a lady at twitchcon fractured her spine at a foam pit because the bottom of it was improperly padded, just because you signed a waiver doesn’t mean your illegible to sue for negligence. It seems like a similar situation here, don’t just assume because they’re an adult they should know better. The organizing entity really should plan for areas to be accessible safely.
@@oude_henkythe sign says no DIVING. Diving is different than killing in feet first. If they had a sign saying "danger: don't jump or dive" then I would agree with you, but obviously from the video, multiple people incorrectly assumed it would be safe to jump in, like any ball pit.
Waivers don't magically make everything disappear. They only have so much power. This museum had diving boards installed in a pool that was intended to be jumped into and had zero precautions to warn people not to jump in (and before anyone says it, No Diving and No Jumping are two completely different things). They're losing this lawsuit
@ShellShock794 just use common sense if it says no diving it's clear that you shouldn't jump in the pool and the pool was clearly made with children in mind if a small child jumped off the diving board they would be fine adults getting hurt is because they want to be idiots and play in the sprinkle pool WHCIH WAS MADE FOR CHILDREN and waiver basically lost him the case on top of the sheer stupidity that is an adult getting injured trying to jump into a children's pool filled with plastic sprinkles
This is like if my Dad did a cannonball into the kiddie pool at Hurricane Harbor because he “couldn’t see the bottom” and ended up with a broken ankle after a 3 foot drop.
@@MaxMax-ly6lu Yup and the dumb visitors who are apparently adults that signed a waiver saying that the museum is not responsible for the injuries are flat out karens who got their heads dropped on the floor real hard when they were toddlers.
@@RowdyJr Just because they have waviers doesn't mean they can't be held accountable for there negligence. They literally have a diving board with 6in deep plastic sprinkles. There is nowhere saying don't jump THEY LITERALLY HAVE A DIVING BOARD!!!!!
@@marvdatboiwaivers do not cover negligence on part of the business. It being an ankle injury suggests it's more likely jumped in instead of dived, depending on definition of dive. The diving board however and advertisment are neglectful and put responsible on the business. Also it's probably the health insurance company forcing this suit due to how health care works in usa
Ever wonder why we can't have cool things like this public anymore? Because fools like this exist. It's certainly a culture here in America to seek out anyone to sue for just about anything.
Exactly, ambulance chasing lawyers crush the ability of everyone to have fun by forcing governments and companies to shut down fun things. I'm supprised swings are still allowed in parks.
Do you have small kids and have you ever taken them somewhere and played along with them to help them enjoy themselves, particularly when everyone else is a stranger?
Because then the kids could be injured by getting stuck at the bottom. The "pool" is so shallow so that a child (that this place is intended for) is less likely to get hurt. If it were deeper a child could get stuck underneath the plastic sprinkles and suffocate, or another person could jump on or step on them.
@@edmundblackaddercoc8522lol they straight up need a “lifeguard”. Or strict age restrictions that should ever prevent an injury from just being too big for it.
Where does it say an adult can't go in? Why do they have diving boards set up if you're not supposed to jump in? There's an expectation that people might jump and dive in. That's why it says no diving.
Yeah I wouldn't have jumped. But sometimes adults act like kids when they're with their kids, so it's understandable, just an adult apparently having fun with his kids
Why should museum of ice cream be responsible for someone's stoopidity and incompetence? how about you use common sense? that girl at 0:44 has more common sense than adults. honestly this made me angry, how can you possibly sue someone over your own incompetence? what you mean warning signs? i swear soon those 50 IQ people will start demanding that knives and forks should have a WARNING SIGN on them, saying that "forks are pointy" and "knives are sharp" being dumb is not an excuse to sue someone. i've been a kid, i never fell down or broke any bones, because i used common sense.
My heat shield (the thing you put up on your car's dashboard spanning the entirety of the windshield to reflect the sun's rays to keep the car less hot) has a warning label to not use the device while driving.
I mean, he signed a waiver, and it has clear instructions on what not to do before you go in the pool. He did that to himself. It literally says NOT to dive
Not true..... At all. A waiver doesn't protect you from negligence. it's not deep.... A kid could also jump from the diving board and be seriously injured..... I personally think he has a decent chance of winning. Especially with the museum in its own ads showing ppl jumping in
@@chilogutierrez695sort of true. The add shows people jumping. No children have claimed injuries that we know of yet. If children had been injured most likely we would have heard about it because parents tend to be very vocal and protective about their children
@@chilogutierrez695 that’s like saying you have a good chance of winning because 200 out of 10,000 people that used “Clorox” got cancer, it must be Clorox’s fault, right??
@@chilogutierrez695it's up to the parents to go over the rules with their kids like I did and I'm tired of society being the blame because parents want to take the lazy way out you go over the rules you tell your kids it's not deep and you live with the consequences
@@wutsit2yuhhuh246people like you are why we can’t have fun things and everything has to have a million different labels and warnings……everybody else has to use common sense you so clearly lack.
I do think it's weird they had all those little diving boards, I think it should have been at least as deep as a ball pit, although I havnt been in a ball pit since I was 10 so maybe they are not as deep as I remember lol
I don't get why there is a diving board if it's only that deep. It's not smart to jump in regardless, but why say no diving and then have a diving board.
This is what I'm saying too, this is where the confusion is happening. Diving boards are associated with deep water. Why not put like a slide in its' place? A few teens were even confused about it and hurt themselves as well.
@@aliciamoon9816 I get the impression this was designed with mostly style in mind. Ironically, makeing it look more stylish people makes people more drawn to it.
Taking responsibility for your actions is not as profitable as suing and you can still claim to be an adult. Suing in a lot of cases is the accepted adult form of throwing a tantrum.
I do feel like the adults who dived in are dumb but at the same time who makes a ball pit shallow. Sounds boring and unfun. And as demonstrated, unsafe
Out of the mouth of babes: Even the teenage girl was like, you can see that it's not that deep. He should have put his foot in first and tested it. The kids could figure it out but he couldn't. And he signed a waiver. No money for you sir!
Those waivers are signed before every single kind of activity and they are often not enforceable, otherwise anyone could do anything and nobody would ever be liable.
If I jumped into this and hurt myself, I wouldn’t say a word. It’s far too embarrassing to admit you failed to see all of the signs that you shouldn’t jump into it yet do it anyways.
2 things: 1.) Parents go in there because their kids go in there. They are not going in there on their own to play. 2.) It is purposefully designed to look deeper than it is. And we've all been in a situation where you think there is one more step but there isn't and you step awkwardly...it's pretty easy to tweak something when you thought you had one more step but you don't. Everyone calling the parents "stupid" has taken a miss-step at some point, and it was probably when you had a more clear view of your landing.
Sadly it does have diving platforms which shouldn’t be there. I actually retract my statement kind of. Kids had no problem playing in there. The adult will probably lose the suit. As an adult, I wouldn’t play in the McDonald’s playroom that’s too small for me. If they built the pool deeper, kids would probably get lost in it. I played in the ball pits back in the day and don’t remember if I got hurt or not. This kind of lawsuit is why there’s a sign “warning: coffee is hot, it will burn you” allow to cool a bit before consuming “Don’t eat the sprinkles???
@@wandibanda1590 that wouldn't count for the court. They could have taken it down because kids might think its a literal diving board. And that they should have put a sign
@@wandibanda1590 I’m not about to let kids play with my UCS MILLENNIUM falcon 7,541 pieces, so I keep it out of reach. Kids see a “diving platform”, they’re going to play whether it’s prohibited or not
@@honesteagle98 You have said it yourself , "kids". But in this situation we are talking about adults. Do you expect an adult to play with your falcon, get hurt and then sue?
@@midlyte7903 No lawsuit was because of kids getting injured. It was about a full grown adult who should and is expected to use common sense besides there was a sign and a WAVER to that effect
inb4 the idiot dad's lawyers twists it by saying diving meant like actual swimming into the sea kinda diving 🤪 was thinking that as well when I saw the sign behind ngl ahahahahaha
@@user-uj5ly1eq5nthe issue here is your expecting people to have common sense. There are many many not very intelligent people, and we all know how common that so called common sense actually is.
Okay, here is the opposite side of it. They're calling it a pool, right? There's even a fake diving board looking structure on the side. No real pool in existence has a diving board on it. So that could be where the confusion is happening, as diving boards are always associated with deep water. While it may be obvious to you or I that the "pool" is pretend, clearly there are other people who made the same mistake and also got hurt. It wouldn't be too difficult to remove that fake diving board and put another slide instead. Maybe even post the "depth" of the pool as a number on the side.
They have a sign that says no diving. They have a waiver that says you could die or get injured. Their lawyers did a good job. He's just gonna be embarrassed like that man that wasted time suing Buffalo Wild Wings for false advertising boneless wings.
@@elizabethwilliams4705 The man has a permanent injury. I don't think the boneless wings incident is comparable, respectfully. From a business perspective, I would want to be as clear as possible. Can't assume that all your patrons are going to be smart enough to not be tricked by the diving board. If the sign says no diving, there probably shouldn't be a diving board structure, in my honest opinion.
These frivolous lawsuits drive me crazy, people wanna be compensated for their irresponsible actions and the museum has to fund their own defense. The warning signs and waiver will hopefully get this dismissed.
