- A court in Innsbruck convicted a man of negligence in the death of his partner in the mountains.
- A woman froze to death just below the summit of the Grossglockner.
- The defendant did not provide his partner with rescue equipment, even though he had it with him.
- The police did not start a search because the man clearly did not ask for rescue.
- The case raises questions of legal liability in hiking accidents.
The court in Innsbruck, Austria, granted on Thursday a five-month suspended sentence to a 37-year-old man for the negligence with which he contributed to the death of his girlfriend during the ascent of Grossglockner, the country’s highest mountain. A lifeless woman just below the top of the mountain froze to death in bad weather before her boyfriend went out to call for help. TASR writes about it according to the Reuters and DPA agencies.
The couple set out to climb the 3,798-meter-high mountain in January of last year. After climbing all day, during which they were significantly behind schedule, the woman was too exhausted and was unable to continue in the freezing winter night. Condemned Thomas P. left his girlfriend Kerstin G. just below the summit exposed to strong winds without wrapping her in an isometric foil blanket or bivouac bag. This equipment was available to him, but he kept it in his backpack, and according to Reuters, he was unable to explain his actions in court.
Although the man briefly contacted the mountain police, they did not launch a search, since, according to them, he did not make it clear that he needed rescue and did not respond to return calls or messages. Thomas P. said his phone was on airplane mode to save battery. “I want to say that I am very sorry,” he told the court. Prosecutors say Thomas P. was much more experienced than his girlfriend and made a number of mistakes when planning the climb. He did not take into account his girlfriend’s lack of experience and the couple was not adequately equipped.
On Thursday, the man emphasized that Kerstin was also an enthusiastic climber and very athletic. “We always planned the tour together and made decisions together,” he said, contradicting previous statements, in which he identified himself as the person responsible for the output.
Reuters notes that this is a rare case in which an unfortunate incident during mountain climbing has gone to court. The case raised questions about the scope of legal liability in high-altitude climbs, which are inherently dangerous and climbers generally undertake them at their own risk. However, the prosecution argued that Thomas P., given his experience, was effectively acting as a mountain leader and therefore had a special responsibility for his girlfriend.
