§ 37-9-303 — Fireguards; liability for damages

(a) Every railroad corporation operating its line of road,
or any part of it, within this state, shall be liable for all
damages by fire resulting from or caused by operating any such
line of road together with suppression costs, established by the
department of transportation, and any damages and costs in any
court of competent jurisdiction.
(b) Any damage and suppression cost may be recovered by
the party damaged if an action is brought by the party injured
within one (1) year next after said damages shall have been
inflicted or caused. An injured party who recovers more than has
been last offered in writing by the railroad under this section
may be awarded reasonable attorney fees and other costs incurred
in seeking recovery under this section if it is determined that
the railroad acted unreasonably and without cause.