(a) A person, and an executor or administrator of the person’s estate, who suffers personal injury, death, or property damage as a result of the actions of an intoxicated person do not have a private cause of action against an owner or lessor who rents their building or premises to a licensee or person acting on the licensee’s behalf against whom a private cause of action may be brought under §60-7-12b of this code, except when:

1. (1) The owner and the licensee are the same person, and the licensee violated a provision of §60-7-12b of this code; or
2. (2) There is clear and convincing evidence that the owner or lessor acted willfully, wantonly, or with gross negligence with respect to the renting of the owner or lessor’s building or premises to a licensee or person acting on a licensee’s behalf against whom a private cause of action has been brought.