According to The Post-Star, one boy was killed and another is recovering in the hospital after they were buried in a snowbank by a dump truck in Greenwich, New York, on Tuesday.
The two boys, Joshua Demarest, 13, and Tyler Day, 12, were sledding and building a fort around a massive snow embankment when tragedy struck. A Greenwich Village Department of Public Works (DPW) vehicle dumped or pushed a load of snow over the embankment, trapping the two boys underneath.
The accident was on private property that the owner has long allowed the DPW to dump snow on in the past. The DPW claims the dump truck could not have seen the boys from the front side of the embankment before dumping the snow, reports The Post-Star.
Demarest was pronounced dead at around 10:15 p.m. local time after rescue crews freed his body from the snow and performed CPR. According to The Post-Star, Day was trapped in the snow bank with a sufficient enough pocket of air to survive. Day was uncovered in the snow while still conscious.
Officials say the boys were trapped for roughly three to three-and-a-half hours. The DPW staff said Day was located around six feet inside the snowbank, reports The Post-Star.
The DPW superintendent was not sure if a tragedy like this could have been prevented, and he had never seen kids playing in the area before.
When a property owner neglects to keep their property or properties safe, they are endangering you and those around you. No one should worry about being injured when going about their daily lives. However, every day there are more and more people getting hurt because of someone else’s negligence.
Premises liability holds business owners, city governments, and property owners liable for injuries that occur on their properties including matters of negligent maintenance or unsafe premises. Thomas J. Henry has handled and continues to handle numerous premises liability cases.