A landmark trial opening Thursday in Austria examines whether a mountain climber bears criminal responsibility for his girlfriend’s hypothermia death during a disastrous winter ascent of the Grossglockner peak in January 2025. The case has ignited international debate about liability in extreme sports.
Prosecutors allege Thomas P, 33, committed nine critical errors during the ill-fated climb that resulted in Kerstin G’s death at 3,798 meters (12,460 feet). As the more experienced climber who planned the expedition, he is charged with gross negligent manslaughter for allegedly failing to protect his partner from lethal alpine conditions.
The prosecution’s case centers on Thomas’s role as ‘responsible guide’ during the January 18-19 climb. Evidence indicates he initiated the ascent two hours behind schedule despite his girlfriend’s lack of experience with high-altitude winter tours. Prosecutors further contend he permitted inadequate footwear and carried insufficient emergency bivouac equipment.
Webcam footage timestamped 21:00 on January 18 captures the couple’s torchlights ascending through gathering storms. Despite deteriorating conditions featuring -20°C wind chill and 74km/h winds, they continued toward the summit rather than turning back.
The defense maintains both climbers were experienced, well-prepared, and in excellent physical condition. Attorney Karl Jelinek characterizes the death as ‘a tragic accident’ rather than criminal negligence, noting the couple felt capable until Kerstin suddenly exhibited extreme exhaustion near the summit.
Critical disagreement surrounds events after midnight. Prosecutors allege Thomas failed to signal a police helicopter overhead at 22:50 and delayed emergency notification until 03:30. The defense claims he left his immobilized partner at 02:00 to seek help, descending the opposite slope as captured by webcam imagery.
Mountain rescue teams couldn’t launch helicopter operations until morning due to violent winds. Kerstin succumbed to hypothermia alone on the mountainside before help arrived.
The verdict could establish precedent for criminal liability in mountain sports, potentially creating what Austria’s Der Standard newspaper calls ‘a paradigm shift’ for adventure tourism accountability.