An Austrian climber is facing criminal charges due to the accidental death of his climbing partner on Grossglockner, the highest peak in Austria (3798 meters). He is accused of grob fahrlaessigen Toetung or “grossly negligent homicide”.1 Obviously, the judicial verdict in this case would not bind a Canadian court faced with comparable facts. But, Canadian lawyers and judges will sometimes look to foreign courts for guidance in the absence of Canadian precedents. As such, this case has the potential to be influential in Canada. So, I think it’s worth flagging for anyone interested in Canadian climbing law.
This climbing accident occurred during a difficult winter ascent of Grossglockner on January 19, 2025. There were two recreational climbers involved. After 18 hours under way, and approximately 50 meters from the summit, the 33-year-old female climber became incapacitated due to exhaustion. Her 36-year-old boyfriend left her to get help. By the time rescuers reached her, she had already died from exposure.2
In a press release, the Public Prosecution Office of Innsbruck alleges the male climber made numerous errors, including poor planning, rendering insufficient aid, and seeking help too late. Significantly, the prosecutor claims the male climber had a heightened level of responsibility for the female climber because he was the more experienced alpinist and had planned the ascent.
In a blog post, the German Alpine Club indicates this latter claim is key. The prosecutor is saying the male climber bore a level of responsibility for his partner, under Austrian law, equivalent to that of a guide.
The male climber denies any criminal wrongdoing.3 He claims his girlfriend was an experienced alpinist and they planned the ascent together. He also blames the rescue team for the delay.
The trial began today. The accused could be jailed for up to three years. I’ll post at least another update when the verdict is released.
Disclaimer: This newsletter contains information only and no legal advice. If you want legal advice, retain a lawyer.
I am neither an expert in Austrian law nor Canadian Criminal law, but I believe this Austrian offense is roughly equivalent to the Canadian offense known as criminal negligence causing death (section 220 of the Canada Criminal Code).
There has been a fair bit of coverage of this case in English language media. For example, The Guardian (link and link), The Independent (link), and the BBC (link). Climbing.com also has a detailed account (paywall but free with an email address). The most detailed coverage I’ve found is in German on Alpen.de, an Austrian website and magazine; see, for example, this detailed chronology of updates and account from the first day of trial.
Per a reprint of an Austrian newspaper article posted to defence counsel’s website.