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By Marni Rose McFall
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An Austrian climber has been found guilty of manslaughter after his girlfriend froze to death on a mountain during a climbing trip they took together.
The man, known as Thomas P in line with Austrian privacy laws, was convicted of gross negligent manslaughter after he left his partner Kerstin G on the Grossglockner mountain.
Why It Matters
The case underscores a larger ongoing debate around climber liability. There has long been an assumption of assumed risk in climbing, where climbers accept that there are dangers involved with the sport, including rapidly changing conditions, and assume risks at their own peril.
Read More on News
Convictions being brought in instances like this test the boundaries of legal culpability in climbing, raising questions about judgment, risk taking and potential criminal liability.
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What To Know
Thomas P’s defense said he had gone to get assistance for his girlfriend, who died of hypothermia on the mountain, Austria's highest at 12,461 feet.
She had become exhausted and he left her to get help, scaling the summit and descending the other side.
The prosecution said the couple were stuck and that he had failed to call the police. A police helicopter flew overhead at around 10:30 p.m. and they did not send distress signals.
Thomas P's lawyers said his girlfriend had told him to go and get help, and the couple had not called for assistance earlier because they had felt OK.
At around 12:35 a.m. he called the mountain police. The nature of that conversation is disputed. Rescuers say that it was not an emergency call, but his lawyer says he did not tell the police that everything was fine.
The prosecution said that he left Kerstin G at 2 a.m.
He pleaded not guilty and told the court that he was sorry. He said that they had planned the trip together, that his girlfriend was very sporty and that he loved her.
His lawyer said that the couple had found themselves in a difficult and stressful situation, and that Kerstin G was not inexperienced and knew what she was getting into.
The court also heard from a former girlfriend of Thomas P, who said that he had left her alone on a previous trip to the same mountain back in 2023.
She described being in a state of distress when he suddenly disappeared and walked ahead, leaving her behind.
On Thursday, the judge found Thomas P guilty in relation to his partner's death. He said that Thomas P had been vastly more experienced than his girlfriend and should have turned back in the winter conditions.
Her body was later found by search and rescue teams, hanging upside down from a rock face.
What Happens Next
The case is subject to appeal.
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