(1) As used in this section, “wildfire” has the meaning given that term in ORS 477.089.
(2) A person is not liable in a civil action for injury to or destruction of property arising out of a wildfire, except to the extent evidence demonstrates that:
(a) An action or inaction of the person constituted negligence or a higher degree of fault; and
(b) The action or inaction caused or contributed to the cause of the wildfire or caused or contributed to the spreading of the wildfire.