An Austrian climber has been convicted of gross negligent manslaughter after his girlfriend died from hypothermia while climbing Austria’s highest peak, the Grossglockner, in January 2025.
The defendant, identified only as Thomas P under Austrian privacy laws, was sentenced to five months in prison, suspended, and fined between €9,400 and €9,600 (£8,400), according to formal court records. The conviction is currently under appeal.
Court documents show that Thomas P, 37, and his girlfriend, Kerstin G, 33, fell behind schedule during their ascent. Approximately 50 metres below the summit, Kerstin became exhausted and could not continue. While he went ahead to seek assistance, prosecutors told the court that Thomas P failed to take essential safety precautions, including using an emergency blanket or bivouac bag that Kerstin carried in her backpack.
The defence told the court that Kerstin was experienced and that Thomas P’s intention was to seek help. They noted that at the time the couple still felt able to continue, as shown in webcam footage of their torchlit climb near the summit. Thomas P said his phone had been on airplane mode to conserve battery.
Judge Norbert Hofer, an experienced mountaineer, acknowledged in court that Thomas P had gone to seek help and did not act with malice. He emphasised that his superior climbing experience imposed a special legal duty of care for his partner and concluded he should have recognised Kerstin G’s limitations before the situation became life-threatening.
Prosecutors outlined a series of errors that contributed to her death, including failing to turn back when conditions deteriorated, not calling for help promptly, ignoring follow-up messages from mountain police, and leaving her in extreme conditions.
The court also heard testimony from a former partner describing a 2023 incident on the same mountain when Thomas P left her behind while she struggled, reinforcing concerns about his decision-making under stress.
Rescuers discovered Kerstin’s body hanging upside down from a rock face. Court testimony described her wearing her rucksack, with open boots and no gloves.
Conditions were severe, with winds reaching 74 km/h and temperatures of -8°C, falling to a windchill of -20°C. A rescuer told the court that even a slightly stronger gust could have caused her to fall over the south face.
The case has raised questions about the extent of criminal liability in mountaineering, where personal judgement and risk-taking intersect with legal responsibility.
According to the Austrian Alpine Safety Board, approximately 8,400 accidents occur annually in Austrian mountains, resulting in 250–300 fatalities, though prosecutions for negligence are rare.
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