The death of a 3-year-old boy yesterday in Rochester, NY was a tragic accident; one that has both potential workers’ compensation and tort liabilities for the owner of the business where he died.

Authorities say he fell into an unsecured grease trap behind a Tim Horton’s Restaurant. He had been taken to the business by his mother, who was working a shift at the time.

The mother is said to have called the police shortly before 11AM, which was described as “moments” after her son wandered away and disappeared.

An unidentified person found the boy within minutes of that call and removed him from the grease pit.

CPR was administered, but he did not survive. He was pronounced dead at a local hospital.