Climber Convicted: Girlfriend’s Tragic Mountain Death

An Austrian court has convicted a 37-year-old climber of manslaughter after leaving his girlfriend to freeze to death on the country’s highest peak, marking a groundbreaking case that threatens to impose criminal liability on recreational mountaineers for companion deaths.

Story Snapshot

Thomas P convicted of manslaughter for gross negligence after girlfriend Kerstin G died of hypothermia on Grossglockner mountain in January 2025
Court sentenced him to five months suspended prison time and €9,600 fine after determining he acted as informal guide despite amateur status
Prosecutors proved multiple failures including inadequate equipment, missed rescue opportunities, and placing phone on silent during emergency
Verdict establishes precedent that experienced climbers bear criminal responsibility for less experienced companions, disrupting mountaineering’s traditional assumption of personal risk

Fatal Climb Built on Poor Decisions

Thomas P and his girlfriend Kerstin G attempted to summit Austria’s 3,798-meter Grossglockner peak on January 19, 2025, starting approximately two hours late and lacking proper emergency equipment. The couple became stranded just 50 meters below the summit when Kerstin G experienced exhaustion and disorientation around 9:00 PM. Temperatures plummeted to -8°C with 45 mph winds creating a wind chill of -20°C. Despite these extreme conditions, they had no bivouac sleeping bags, emergency shelter, or aluminum foil blankets that could have protected Kerstin G from hypothermia.

Defendant Ignored Multiple Rescue Opportunities

The prosecution presented damning evidence of Thomas P’s failures during the critical hours. At 10:50 PM, a police helicopter flew overhead, but Thomas P sent no distress signal. When police attempted to reach him repeatedly, he finally answered at 12:35 AM but then placed his phone on silent. At 2:00 AM, Thomas P left Kerstin G on the mountain to descend for help, not calling rescue services until 3:30 AM. He returned approximately six and a half hours later to find his girlfriend dead. This sequence reveals a pattern of negligence that transforms a tragic accident into criminal conduct.

Court Establishes Dangerous Precedent for Climbers

The Innsbruck court handed down its verdict on February 20, 2026, imposing a five-month suspended sentence and €9,600 fine. Vice President Klaus Genoine explained the court viewed Thomas P as effectively functioning as a mountain guide despite his amateur status, creating duty-of-care obligations under criminal law. Prosecutors successfully argued he allowed Kerstin G to climb with unsuitable equipment including splitboard and soft snowboard boots, failed to turn back despite deteriorating conditions, and neglected basic safety protocols. The mountaineering expert’s report supported these findings, documenting inadequate preparation throughout.

Verdict Threatens Personal Liberty in Outdoor Recreation

This conviction represents judicial overreach into personal responsibility and recreational freedom. While Thomas P made poor decisions, mountaineering inherently involves risk that participants voluntarily assume. The court’s framework transforms every experienced hiker or climber into a potential criminal defendant if a less experienced companion suffers tragedy. This precedent undermines individual liberty by imposing government-defined standards on private recreational activities between consenting adults. Recreational climbers across Austria and Europe now face uncertainty about legal exposure when climbing with friends or partners, potentially requiring lawyers before ropes. The climbing community rightly views this as government intrusion into personal risk assessment and voluntary association.