Climber’s Fatal Decision: Girlfriend Dies Alone

Austrian court convicts recreational climber of manslaughter for leaving his less experienced girlfriend to freeze to death just 50 meters from the summit, shattering the mountaineering tradition of personal responsibility.

Story Highlights

Thomas P, 37, received a five-month suspended sentence and €9,600 fine for gross negligence in girlfriend Kerstin G’s hypothermia death on Grossglockner in January 2025.
Court ruled the amateur climber acted as an informal guide, imposing a duty of care that he violated through poor planning and delayed rescue efforts.
Rare criminal prosecution challenges the climbing community’s assumption that participants bear their own risks in high-stakes adventures.
Prosecution highlighted failures like inadequate gear, ignored helicopter, and phone silenced after police contact.
Verdict sets precedent potentially increasing legal exposure for experienced climbers pairing with novices.

The Fatal Climb on Grossglockner

On January 19, 2025, Thomas P and Kerstin G attempted to summit Austria’s highest peak, Grossglockner at 3,798 meters. They started two hours late, facing nighttime conditions with temperatures at -8°C and 45 mph winds creating -20°C wind chill. Kerstin, less experienced and using unsuitable splitboard and soft snowboard boots, became exhausted and disoriented 50 meters below the summit around 9:00 PM. The couple pressed on despite opportunities to turn back at waypoints, lacking emergency shelter like bivouac bags or foil blankets.

Timeline of Negligent Decisions

A police helicopter passed overhead at 10:50 PM, but Thomas P sent no distress signal. He called police at 12:35 AM after repeated attempts to reach him, then silenced his phone. At 2:00 AM, he left Kerstin alone to descend for help, calling rescue services at 3:30 AM in a disputed, unclear manner. He returned six and a half hours later to find her dead from hypothermia. The Innsbruck court on February 20, 2026, convicted him of manslaughter based on this sequence, deeming his actions grossly negligent.

Prosecution’s Case Against the Climber

Prosecutors argued Thomas P functioned as a de facto mountain guide due to his superior experience, creating a legal duty of care toward Kerstin. Key failures included permitting her inadequate equipment, ignoring severe weather, failing to signal rescuers, and delaying effective help. A mountaineering expert’s report supported this, criticizing the climb’s preparation. Thomas P’s ex-girlfriend provided pivotal testimony labeled the “nail in the coffin” for his defense. The court vice president Klaus Genoine emphasized liability for voluntary informal guides under criminal law.

Thomas P pleaded not guilty, calling it a tragic accident and expressing sorrow, but the evidence from phone records, sports watches, and photos proved otherwise.

Implications for Adventurers and Personal Freedom

This unprecedented verdict establishes criminal liability for recreational climbers showing gross negligence toward companions. It rejects the traditional view that mountaineering involves assumed personal risks, instead imposing duty-of-care based on relative skill levels. Recreational climbers now face heightened legal exposure when partnering with less experienced individuals, potentially chilling informal adventures. The Austrian climbing community worries about evolving liability frameworks, insurance changes, and stricter safety protocols.

39-Year-Old Climber Found Guilty of Manslaughter for Leaving Girlfriend To Freeze to Death on Austria’s Highest Peak https://t.co/L9jmkObfjX

— The Gateway Pundit (@gatewaypundit) February 20, 2026

Mountain guides may see professional standards bleed into amateur settings, while families of deceased climbers could pursue charges more readily. Long-term, legal systems in Austria and Europe may formalize distinctions between partnerships and guide-client dynamics, reshaping risk management and equipment choices in high mountains.