Astrid is six and lives with her sister, mum and dad in a big rented house within a gated community. Within this gated community, where all facilities or costs thereof are shared by the home owners, there is a small park with children's play equipment. Astrid was sitting on the swing and Belinda, a 16-year-old girl, was twisting it around, so when she let it go Astrid would twirl around. She was happy playing like this. Unfortunately, when Belinda let go on the third time one arm of the swing snapped and Astrid was thrown to the ground hitting her head on the metal supports of the equipment. She was unconscious. Belinda picked her up and carried her home.

When Astrid's mum saw Astrid, she thought she was dead, and collapsed sobbing hysterically. The doctors have advised that Astrid will make an almost full recovery, although she may suffer from some learning difficulties in the future. Astrid's mum will not allow Astrid to play anywhere out of her sight and doctors have now diagnosed her as having a psychiatric condition.

Advise Astrid and her mother as to any possible negligence claims they may have on these facts. What do you consider are their chances of success?