Thomas, a tramway passenger in New South Wales was injured in a collision with another tram, which occurred after the driver collapsed at the controls. Thomas, as plaintiff, argued that the collision could have been avoided if the tramway authority had fitted the tram with a system known as 'dead man's handle', a system in use on New South Wales' trains. This would have stopped the tram and avoided the accident. The device had been rejected by the tramway authorities because it was felt that it could cause drivers to become tired, irritated and inefficient. There was no evidence of any similar device in use on two-man trams anywhere in the world. After suffering injury in the collision and receiving outpatient treatment Thomas then went home to rest.

Will Thomas succeed in his claim against the tramway authority? Explain your reasoning generally and by reference to Mercer v Commissioner for Road Transport & Tramways (NSW) (1936) 56 CLR 580.