Kenneth Glad
A winter climb on Austria’s highest peak has led to a courtroom battle over accountability in extreme conditions. The case could influence how far the law reaches into decisions made between partners on private expeditions.
A 39-year old mountaineer has gone on trial in Innsbruck accused of gross negligent manslaughter after his girlfriend died during a winter ascent of the Großglockner, the country’s highest mountain at 3,798 metres, or about 12,460 feet.
Prosecutors allege, according to LadBible, that Thomas Plamberger, 39, failed in his duty of care toward Kerstin Gurtner, 33, during a January 2025 climb that ended just below the summit cross. If convicted, he could face a prison sentence of up to three years, The Guardian reported.
The Night On The Mountain
Investigators say the pair encountered serious difficulties late in the ascent as temperatures dropped in harsh winter conditions. Media coverage of the indictment describes Plamberger as the more experienced mountaineer who organised the route and therefore carried particular responsibility as the situation deteriorated.
In a statement prosecutors said: “At approximately 2am, the defendant left his girlfriend unprotected, exhausted, hypothermic, and disoriented about 50 meters below the summit cross of the Großglockner. The woman froze to death.”
Reporting on the case indicates that authorities believe emergency assistance was not sought at the earliest possible point and that available protective measures on the mountain were not fully used as her condition worsened.
The Legal Question
Under Austrian law, gross negligent manslaughter involves a serious breach of due care that leads to a person’s death.
Legal commentators quoted by The Times say the proceedings are being closely watched because they test how far responsibility extends between recreational climbing partners, particularly when one has significantly more alpine experience.
Plamberger denies criminal wrongdoing. Through his lawyer, he has expressed deep sorrow and sympathy for Gurtner’s family while maintaining that the events were a tragic accident in extreme terrain, according to coverage of the hearing.
Family Reaction
In posts reported by several media outlets after her death, he wrote: “I miss you so much. It hurts so incredibly much. Forever in my heart. Without you, time is meaningless.”
Gurtner’s mother has publicly criticised the prosecution. Speaking to Die Zeit, she said: “I think it’s unfair how Kerstin’s boyfriend is being treated. There’s a witch hunt against him in the media and online.”
The judges must now decide whether the events on that freezing January night amount to criminal negligence.
Sources: The Guardian, The Times, Die Zeit, LADbible,
