
A seasoned mountaineer is now facing criminal charges in Austria for allegedly leaving his exhausted girlfriend to freeze to death on the country’s highest peak, a case that’s igniting fierce debate over personal responsibility, duty of care, and the limits of criminal liability in extreme outdoor recreation.
Story Snapshot
- Austrian prosecutors have charged experienced climber Thomas Plamberger with manslaughter by gross negligence after his girlfriend Kerstin Gurtner froze to death on Grossglockner in January 2025.
- Prosecutors argue Plamberger, who planned the winter ascent, acted with gross negligence by leaving Gurtner unprotected and hypothermic about 50 meters below the summit and delaying the emergency call until 3:30 a.m.
- The case hinges on whether an experienced partner who organizes a high-risk climb for a beginner has a legal “duty of care” that can lead to criminal charges if things go wrong.
- Plamberger denies criminal responsibility, calling it a tragic accident and saying leaving to get help was a mutual decision; his trial is set for February 19, 2026, in Innsbruck.
- Webcam footage, phone records, and time-stamped images are central to the prosecution’s case, making this a rare and closely watched test of criminal liability in recreational alpinism.
What Happened on Grossglockner
In January 2025, 33-year-old Kerstin Gurtner and her boyfriend, experienced mountaineer Thomas Plamberger, attempted a winter ascent of Grossglockner, Austria’s highest mountain at about 3,798 meters. Gurtner, described as a beginner in high-altitude climbing, became exhausted, hypothermic, and disoriented roughly 50 meters below the summit cross late at night in extreme conditions, with wind chill around –20°C and strong winds. Prosecutors allege that Plamberger, who planned the tour, left her alone in the freezing dark around 2 a.m. to descend for help, without moving her to shelter or covering her with an emergency blanket. Rescue teams reached Gurtner around 10 a.m., but she had already died from the cold.
Prosecution’s Case and Legal Charges
Austrian public prosecutors have formally charged Plamberger with manslaughter by gross negligence, arguing he had a clear duty of care as the experienced climber and tour organizer. They contend he acted with gross negligence by continuing the ascent despite obvious danger and his partner’s inexperience, starting about two hours later than planned, and failing to properly equip or protect Gurtner. Prosecutors highlight that he allegedly did not signal a police helicopter that overflew the area around 10:50 p.m., delayed contacting emergency services until about 3:30 a.m., and missed multiple calls from rescuers, reportedly because his phone was on silent. Under Austrian law, this charge carries a potential sentence of up to three years in prison, and the case is scheduled for trial at Innsbruck Regional Court on February 19, 2026.
Defense Position and Mountaineering Norms
Plamberger’s legal team calls the incident a tragic accident, not a crime, and emphasizes that he deeply regrets what happened. They argue that leaving to seek help was a mutual decision between him and Gurtner and that he acted reasonably under extreme, life-threatening conditions. The defense is expected to rely on established mountaineering norms, where partners sometimes separate so one can descend to summon rescue, especially when a climber is incapacitated and the only hope is outside help. They will likely challenge the idea that a private climbing partner, even an experienced one, automatically assumes the same legal duty of care as a professional guide, particularly in a sport where risk is inherent and decisions are often made in split seconds with limited options.
Sources:
Climber charged with manslaughter after ‘leaving girlfriend to die’ on Austria’s highest peak
Man Allegedly Abandons Girlfriend to Freeze on Austria’s Highest Peak
Tragically Chilling Message Man Sent Girlfriend After Leaving Her to Freeze to Death on Mountain
Climber Faces Homicide Charges After His Partner Dies
Climber left girlfriend to die on Austrian mountain, webcam shows








