Yes. In Arkansas, the landlord may argue you share fault, and that can reduce or completely block a claim.

Arkansas uses modified comparative fault under Ark. Code § 16-64-122. That means damages are reduced by your percentage of fault. But if you are found 50% or more at fault, you recover nothing.

In a child window-fall case, fault usually turns on whether the landlord failed to keep the property reasonably safe and whether a parent or caretaker also acted negligently. The landlord may be blamed for things like a broken window latch, missing screens or guards, a window that opened too far, code violations, or failing to fix a known danger after notice.

The landlord's insurance company will often try to shift fault by saying:

• the child was left unsupervised
• furniture was placed under the window
• the danger was obvious
• no repair request was made
• the parent knew the window was defective and kept using the room anyway

For apartments, evidence that often matters includes maintenance requests, prior complaints from other tenants, lease terms, photos of the window, code inspection records, and whether the building violated local housing or safety requirements. If the child is very young, that can affect how fault is viewed; Arkansas generally does not treat small children the same way it treats adults when assigning negligence.

Fault is usually decided through insurance investigation, settlement talks, or a jury. A jury might assign percentages - for example, 70% landlord / 30% parent - and the award would be reduced by 30%. But if the split is 50/50, Arkansas law bars recovery.

For most injury lawsuits in Arkansas, the deadline is 3 years from the date of the injury under Ark. Code § 16-56-105.