Pay for damages?

[Newone1]

Hi all sorry might be wrong forum category please feel free to move if needed.

So at the weekend my son was out with his best mate and they egged a window, which apparently cracked as a result of egging it.

This homeowner has apparently got CCTV footage of my son throwing the egg, I haven't see this footage yet and my son told me has heard from his best mate that the homeowner is expecting my son/me to pay for the damages to his window.

I haven't seen this CCTV footage of my son egging the window, my son does not deny throwing it but he does claim the window was already cracked before he threw the egg, if I get a bill to pay for the window repairs can I argue that the window was already cracked beforehand, and is it the homeowners responsibility to prove the window wasn't cracked before the egging or is it my responsibility to prove it was cracked before the egging?

Of course I will pay for my son if he did indeed cause the damage, but if the window was already damaged beforehand I don't feel I should be responsible for paying for damage already caused before the egging?

I feel if it is the homeowners responsibility to prove that the window was not damaged before the egging then I feel I stand a good chance of winning his dispute, but obviously I can't prove it was already damaged as I don't know!

Any advice appreciated please

[Newone1]

I should mention that my son says he has atleast 2 people who can confirm the window was already damaged before he threw the egg.

[efpom]

There is a maxim in English law which is "He who asserts must prove." If the homeowner issue proceedings against your son for the cost of replacing the window and your son enters a defence footed on your son's assertions that the window was already cracked, it will fall to your son to prove that the window was already cracked. If that defence succeeds, then the quantum of the claim is reduced to only the cost of clearing up the mess he caused by egging the window.

I may say that if the homeowner in his claim makes an allegation of harassment in addition, that is a different head of claim.