76-13-905. (Effective on occurrence of contingency) Liability. A certified prescribed fire manager or a landowner or landowner's agent using a certified prescribed fire manager who conducts a prescribed fire in compliance with this part and the rules adopted by the department is not liable for injury to or destruction of property arising from a wildfire, except to the extent evidence demonstrates that:

(1) an action or omission of the certified prescribed fire manager, landowner, or landowner's agent constituted negligence or a higher degree of fault; and

(2) the action or omission caused or contributed to the cause of the wildfire or caused or contributed to the wildfire spreading.