A fatal mountaineering accident near the summit of Austria’s highest peak has led to a rare criminal conviction, after a court ruled that a climber’s actions amounted to manslaughter by gross negligence. The incident occurred in January 2025 on the Grossglockner, where a woman died from exposure just metres below the summit, prompting legal scrutiny over responsibility and decision-making in extreme alpine conditions.
The tragedy unfolded roughly 50 metres from the peak when 33-year-old Kerstin G became exhausted and unable to continue the ascent during a winter climb with her partner, 37-year-old Austrian mountaineer Thomas P. The couple had begun what was expected to be a challenging but achievable climb, but delays left them approaching the summit after nightfall, as temperatures dropped sharply and strong winds intensified.
According to evidence presented in court, Kerstin G collapsed from exhaustion and cold near the summit and could no longer move. Thomas P decided to leave her at the spot while he descended toward a nearby mountain shelter to seek assistance. However, prosecutors argued that he failed to take basic survival measures before leaving. Emergency equipment carried by the victim — including a thermal blanket and bivouac bag — remained unused inside her backpack, leaving her exposed to severe winter conditions.
During the trial, the defendant stated that the situation had been extremely stressful and that he could not clearly explain why he failed to use the emergency gear. The court heard that he made a brief phone call to mountain police but did not adequately communicate the urgency of the situation. Authorities later testified that attempts to contact him again through calls and WhatsApp messages went unanswered. Thomas P explained that his phone had been placed in airplane mode to conserve battery power, which prevented further communication.
By the time a rescue response could have been organised, Kerstin G had already died from hypothermia. The case drew widespread attention across Austria because fatal climbing accidents in the Alps, though not uncommon, rarely lead to criminal prosecution. The trial examined whether the risks inherent in mountaineering absolve individuals of responsibility or whether experienced climbers bear a duty of care toward less experienced partners.
Prosecutors also introduced testimony from a former partner of the accused, who described a previous climbing incident in 2023 in which she had allegedly been left alone at night on the same mountain after a disagreement over route choices. According to her account, she was stranded in darkness after her headlamp battery failed, an episode presented to establish a pattern of risky decision-making.
Delivering the verdict in Innsbruck, presiding judge Norbert Hofer — himself an experienced mountaineer — emphasised that the court did not believe the defendant acted with malicious intent. He stated that Thomas P had attempted to seek help and was not viewed as a murderer or a cold-hearted individual. However, the judge concluded that the defendant’s significantly greater climbing experience placed a higher responsibility on him. The court found that he should have recognised much earlier that his partner was not physically capable of completing the ascent safely and should have taken protective measures before leaving her alone.
Thomas P, who had pleaded not guilty, expressed remorse during proceedings, apologising for the outcome. The court sentenced him to a five-month suspended prison term and imposed a fine of 9,400 euros. The judgment marks a rare instance in which a mountaineering accident crossed into criminal liability, highlighting the legal boundaries between personal risk in extreme environments and the duty of care owed to climbing partners.
The case closes legally with the conviction, but it has sparked broader discussion about responsibility in high-risk adventure sports, where critical decisions made in harsh conditions can determine survival or tragedy, even when the summit lies only a short distance away.
