Should my friend pay 4 my broken new game?

What happen was i asked my friend to sleep over my house. I showed him my Christmas gift i gave to my self, a new copy of Mirrors Edge. I showed him how to play, and all that crap. Then when i am midway through the level Jack Knife, he tell me that I can put my 360 horizontally, not my way of keeping it on the floor. He picks up the thing (while i am still playing) and VROOM, my 360 makes a VROOM sound, not a good thing. When i take the disk out, it has a perfect circle scratch on it. I haven't even owned the thing for 3 days! I bought the thing used, so i got no receat of any kind. He then smears TOOTHPASTE all over the scratch (saying he has seen people fix disk like that) and when he puts it in, of coerce i doesn't work. When i take the disk out, my 360 sounded like it exploded (thanks to the toothpaste) but nothing was wrong, i put left 4 dead in and worked fine. But should i make him pay for it? he says its all my fault, saying i should of told him not to touch it.