A Tim Hortons coffee cup
A Tim Horton's coffee cup is seen on the ground outside a shop near Times Square in New York. Reuters/Brendan McDermid

The Rochester Police Department (RPD) in New York State is investigating the liability of Tim Hortons Inc. in the death of a three-year old boy who died after falling into an underground grease trap at a company restaurant in the city.

The department believes the boy, who hasn’t been identified, fell after the grease trap’s plastic cover gave way, said RPD investigator Francis Camp. The grease trap, which has a diameter of only 2-1/2 feet, was dug into the ground outside the Tim Hortons restaurant.

Camp said the grease trap was covered with a green plastic lid, much like a manhole cover. The color, however, helped blend the lid into the surrounding grass, he said.

"The lid was on there, it looks like the child ran across it and it popped open and he fell into the trap," said Camp.

Camp said a witness found the child in the grease trap minutes after he was reported missing. The witness pulled the boy from the trap and started administering CPR. Camp said attempts to revive the boy were unsuccessful.

The child was then rushed to Strong Memorial Hospital where he was pronounced dead at noon

"We have a horrifying episode here that happened today," he said. "We're asked all the time, 'What's the worst thing you encounter as a police officer?' and this is number one."

The city has covered the grease trap opening with concrete and has sealed it with a metal lid on since the accident. Camp said RPD will investigate the case along with the DA's office, OSHA and the medical examiner's office. The medical examiner's office will release the cause of death in the coming days.

Tim Hortons described the accident as “a tragedy and on behalf of the Tim Hortons family, we offer our deepest condolences to the family and friends of the young boy who passed away. Tim Hortons is fully cooperating with authorities. As there is an ongoing police investigation, we have no further comment at this time."

"Our hearts go out to the family of this child who had to suffer this unimaginable tragedy," said Camp.

Tim Hortons is Canada's largest quick service restaurant chain. It’s a fast food restaurant chain famous for its coffee and donuts.