The Innsbruck court on Thursday evening found a 37-year-old amateur climber guilty of involuntary manslaughter of his girlfriend due to exposure to cold near Austria’s highest peak after he left her to seek help, according to local media.
This case differs from typical climbs where injuries or accidents occur frequently, but criminal prosecutions for similar situations are rare, even when mistakes were made.
The Innsbruck court sentenced the man to five months’ suspended imprisonment and a €9,400 fine for the girlfriend’s death in January 2025 due to gross negligence; the maximum penalty for this is three years’ imprisonment.
This verdict raises questions about legal responsibility in mountainous conditions, which by their nature are dangerous and often allow climbers to act at their own risk.
According to the court, after the day of the ascent, when they were behind schedule, the woman Kerstin G. was exhausted and could not move any further, approximately 50 meters from the summit of the Großglockner on a freezing night; the defendant, identified only as Thomas P., left her exposed to strong winds, not wrapping her in an emergency blanket or a bivy bag, as he went to seek help on the other side of the summit. All gear remained in her backpack.
A brief call to the mountain police did not trigger a search, as the police said he had not clearly expressed a need for rescue, and replies to calls or WhatsApp messages did not come. The defendant claimed his phone was in airplane mode to conserve battery.
“What I want to say is that I am extremely sorry,”
– Thomas P.
Deliberation and consequences of the verdict
Such verdicts raise questions about the scope of legal responsibility in high-altitude settings, where natural dangers create particular risks for people who climb at their own risk.