An Innsbruck court has convicted a 37-year-old mountaineer, Thomas P., of grossly negligent homicide following the death of his partner during a winter ascent of the Großglockner. The ruling has sent shockwaves through the climbing community, as it formalizes the legal “duty of care” that more experienced climbers owe to their less experienced partners.
Thank you for reading this post, don't forget to subscribe!The Incident: A Fatal Decision at 3,700m
In January 2025, Thomas P. and his girlfriend, Kerstin G. (33), attempted the peak in punishing winter conditions. As Kerstin became incapacitated by exhaustion and extreme cold, Thomas made the choice to leave her on an exposed ridge to seek help.
The prosecution’s case rested on three critical failures:
- Failure to Bivouac: Despite having emergency blankets and a bivouac bag, Thomas did not deploy them to protect Kerstin before leaving her.
- Inadequate Gear: He allowed her to attempt a technical winter climb in snowboard “soft boots,” which provided insufficient protection against the elements.
- The “Guide” Relationship: Because of his vast experience compared to her novice status, the court ruled he had a guarantor’s duty to ensure her safety.
The Legal Breakdown
| Detail | Outcome |
| Verdict | Guilty of Manslaughter by Gross Negligence |
| Sentence | 5-month suspended prison term |
| Financial Penalty | €9,600 fine |
| Judge’s Stance | “Experience creates responsibility.” The defendant was viewed as the de facto leader. |
The “Shadow” of the Past
A pivotal moment in the trial occurred when a former partner of the defendant testified. She claimed that Thomas had abandoned her during a previous climb in 2023 when she became exhausted. This testimony severely weakened the defense’s argument that the Großglockner incident was an isolated, unpredictable tragedy.
