In which instance is contributory negligence less commonly used?

Contributory negligence is a legal doctrine that stipulates that if a plaintiff is found to have contributed to their own injury in any way, they may be barred from recovering damages from the defendant. This principle is more common in jurisdictions that follow traditional negligence laws. In jurisdictions that allow for any fault recovery, such as comparative negligence systems, the focus shifts away from contributory negligence. Instead, these jurisdictions assess the degree of fault of each party involved and allow for recovery based on the percentage of fault assigned.

Thus, in settings that permit a more flexible approach to negligence claims—where a plaintiff's compensation might be reduced rather than entirely denied based on their degree of fault—contributory negligence is less relevant. This reflects a broader trend towards balancing the responsibilities of both parties in a negligence claim, rather than imposing an all-or-nothing rule based on contributory negligence.