This is an update further to my post titled Austrian Climbing Accident Results in Death and Criminal Charges. After a one day trial on February 19, 2026, an Austrian court criminally convicted the accused for the death of his climbing partner. The charge was gross negligence causing death. The court ordered a five month suspended sentence and fined the climber €9,400. He may appeal.
As far as I can tell, the judge’s verdict was rendered from the bench and there is no written judgment yet. Hopefully, there will be. For now, we don’t have a detailed explanation of the judge’s reasoning.
The Guardian has an account of the judge’s statements from the bench:
Judge Hofer, presiding, an experienced mountaineer who is active as a mountain and air rescuer (although he emphasised that had “no bearing on the case”) ruled that the defendant had been negligent in failing to recognise that Kerstin G would be unable to complete the climb well before the couple ran into difficulty.
“I do not see you as a murderer. I do not see you as cold-hearted,” he told Thomas P while delivering the verdict, accepting that the defendant had gone to fetch help.
However, he said that because Thomas P was “galaxies” more proficient as a mountaineer than his girlfriend, and because she had placed herself in his care, he bore responsibility for her death.
The [judge] told Thomas P that with his alpine experience he should have recognised that his girlfriend’s abilities “were far from sufficient”.1
Note the judge’s comment about the climber’s girlfriend placing herself in his care. I believe this is a reference to “Führerschaft aus Gefälligkeit” (guiding as a courtesy), a concept under Austrian law. I’m trying to find more information about it and will write more if I learn anything noteworthy, especially as compared with Canadian law.
In the meantime, I leave you with the five lessons the German Alpine Club suggests arise out of this case:
The law applies in the mountains.
There is strength in retreat.
If in doubt, call for help.
Always take an emergency blanket and bivy sack.
The more experienced must adapt for the less experienced.2
Disclaimer: This newsletter contains information only and no legal advice. If you want legal advice, retain a lawyer.
Climber convicted of manslaughter after leaving girlfriend on Austria’s highest peak to seek help. The German news magazine, Focus, live blogged the trial. It lacks details on the judge’s decision, but it has a good account of the evidence the court heard. Alpen.de also has good coverage, including comments from the judge (for example).
From What Happened on Grossglockner?, a DAV blog post. My translation - thanks to a minor in German at uni and years of reading German detective novels! Shout out to the Nordlicht series, my current fav.