A failed inspection, an allergic reaction or an incident after drinks: the first 24 hours

Written for owners of restaurants, cafes and coffee shops, bars, takeout and delivery kitchens, food trucks and bakeries with seating in the US, with state detail for California, Texas, New York and Florida.

The short version

1. Fix every violation at once.Then contest any points you disagree with. A C grade in the window hurts walk-in trade more than the fines.
2. Preserve the evidence the same day.Keep the dish, ticket, recipe, POS checks, video, incident report and staff names. Video systems overwrite within days.
3. Call the insurer; say nothing about fault.Do it straight away. Check your cover too: general liability usually excludes liability from selling alcohol, so bars and restaurants buy liquor liability separately.

Most bad days in a restaurant start with an inspector, a guest's reaction or a phone call about something that happened after someone left. In each case the first hours decide much of the outcome: what you fix, what you keep and what you say.

A failed inspection

In New York City letter grades follow inspection points: A for 0 to 13, B for 14 to 27 and C for 28 or more. An initial inspection of 14 or more points is scored but not graded: an inspector comes back unannounced, typically within a month, and grades that reinspection. After a B or C there, you may post 'Grade Pending' instead while you contest at an OATH hearing. Los Angeles County posts A, B or C grade cards by score; other cities publish scores online. As of Oct 2026.

1. Fix the violations at once.For example, if an initial inspection in Queens scores 31 points for cooling and handwashing violations, fix both that day. That score carries no grade yet.
2. Be ready for the reinspection.You do not book it: an inspector returns unannounced, typically within a month, and that visit is graded. Keep the fixes and logs going every day.
3. Contest a B or C and post 'Grade Pending'.Contest the points at OATH and post 'Grade Pending' until the hearing. A C grade in the window hurts walk-in trade more than the fines.

The Food Code sets a 2-hour first stage. Food that missed it is discarded, not chilled and served.

An allergic reaction

Preserve the dish, the ticket and the recipe, and call the insurer and counsel. Then find out what changed. For example, say a guest in Chicago tells the server about a sesame allergy and reacts to a dressing made with a new tahini blend. Sesame has been the ninth major allergen since January 1, 2023. Put every recipe or supplier change through your allergen matrix before service, and in Illinois retrain the certified food protection manager under the state's allergen training rule.

An incident after drinks

After any incident involving a guest who drank on site, preserve the POS checks, video, incident report and staff names the same night, tell the liquor liability insurer, and say nothing about fault. Video systems overwrite within days.

Check your cover before you need it. A general liability policy usually excludes liability from selling alcohol, so a bar or restaurant buys liquor liability separately, and many policies carve out assault and battery.

A serious injury in the kitchen

An accessibility demand letter

Restaurants are public accommodations under ADA Title III. In California the Unruh Act provides at least $4,000 for each occasion on which access was denied, but construction-related damages need proof of difficulty, discomfort or embarrassment and can be reduced after a qualifying CASp inspection and prompt correction (Civil Code sections 52 and 55.56). Do not treat the amount claimed as automatic. Hire an ADA defense attorney the same week, get a CASp inspection, fix what is wrong and preserve evidence about each alleged visit. As of Oct 2026.

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