Archote v. Travelers Insurance Agency
In Archote v. Travelers Insurance Agency, 179 So. 2d 658 (La.App. 4 Cir. 1965), the amusement devices were pool sticks, which the proprietor was well aware patrons routinely abused and misused. With the foreseeable harm that might follow from mistreated pool sticks, such as splintered wooden edges like the ones which were rammed into the plaintiff's thumb, the Fourth Circuit in Archote found that the proprietor had a duty of care to protect against injuries arising therefrom.
The Archote court explained that duty as follows:
The applicable general law seems clear. The duty of the proprietor of an amusement place to his patron is that of a business invitee. He impliedly represents that he had used reasonable care in inspecting and maintaining the premises and equipment furnished by him and that they are reasonably safe for the purposes intended. Id. at 660.