An Austrian court delivered a verdict on Thursday, finding a man guilty of gross negligent manslaughter after his girlfriend tragically succumbed to the cold on a mountain hike. This somber case has ignited a profound international discussion concerning personal accountability in the world of mountaineering.
Thomas Plamberger, 37, received a suspended five-month prison sentence and a fine of 9,600 euros (approximately $11,300) in the Innsbruck courtroom. The ruling stemmed from the death of his 33-year-old girlfriend, Kerstin Gurtner, whose body was found in January 2025, mere meters from the summit of Grossglockner, Austria’s highest peak, the morning after their ill-fated ascent.
During the proceedings, Mr. Plamberger testified that his girlfriend experienced severe exhaustion close to the summit. He stated that they mutually agreed he would go down the mountain for assistance while she remained in place.
Presiding over the non-jury trial, Judge Norbert Hofer offered his condolences to Mr. Plamberger but did not shy away from criticizing his conduct during the trek.
“Mr. Plamberger, you have carried an immense weight – the loss of a loved one,” the judge remarked.
He continued, emphasizing, “She entrusted her safety to you, believing her partner would ensure her secure ascent. Had your actions been different, I firmly believe your partner would be alive today.”
Throughout the trial, a tearful Mr. Plamberger expressed his heartfelt apologies, lamenting the loss of the most cherished person in his life.
“I am endlessly sorry for this tragedy,” he stated, insisting, “I loved Kerstin; we always made joint decisions on the mountain.”
The trial featured testimony from approximately 15 witnesses and experts, including Mr. Plamberger’s family, rescue personnel, law enforcement, and Ms. Gurtner’s mother, Gertraud Gurtner. Interestingly, Ms. Gurtner’s mother stated she did not hold Mr. Plamberger responsible for her daughter’s demise.
This high-profile trial garnered global attention, serving as a crucial examination of Austria’s legal principle of “Garantenstellung,” which mandates a duty of care to protect others and prevent harm. The verdict is anticipated to have significant implications for Austria’s thriving alpine tourism sector, potentially increasing legal liability for individuals partaking in risky outdoor activities.
Prior to the trial, both Mr. Plamberger and the prosecution presented their differing accounts of the January 2025 climb. Experts noted this public detailing of events as an uncommon approach for a case involving a private citizen.
Through his legal counsel, Mr. Plamberger, a professional chef, portrayed the expedition as suddenly derailed by his girlfriend’s unexpected exhaustion. Conversely, authorities enumerated a series of alleged missteps on Mr. Plamberger’s part.
Mr. Plamberger recounted that Ms. Gurtner began showing signs of extreme fatigue around midnight. He initially contacted the police for a rescue helicopter, yet police records indicated he assured them that “everything was fine” during that first call.
He claimed that following this initial call, Ms. Gurtner’s condition worsened to the point she could no longer proceed. They then agreed he would descend alone for help. He made a second call to the police at approximately 3:30 a.m., explicitly requesting a helicopter. Tragically, Ms. Gurtner’s body was found later that morning.
The prosecution outlined nine alleged errors committed by Mr. Plamberger that contributed to Ms. Gurtner’s death. These included inadequate emergency gear and a failure to turn back despite deteriorating conditions.
Central to the case was the Germanic legal concept of Garantenstellung, which imposes a duty of care on individuals in certain relationships or situations to protect others and prevent harm. This principle extends liability, much like a parent caring for a child or a driver involved in a pedestrian accident.
Prosecutors contended that Mr. Plamberger, having more experience and having dated Ms. Gurtner for about a year, bore greater responsibility for her safety during the expedition. The defense, however, maintained that both individuals were experienced mountaineers who had collaboratively planned the trip.
On Thursday, Judge Hofer, himself an experienced mountain rescuer, directly admonished Mr. Plamberger for his failure to clearly inform the police about his girlfriend’s inability to continue and for not taking immediate protective measures.
“The critical information, ‘My partner can’t continue,’ was never conveyed,” Judge Hofer emphasized. “At that point, the strategy must change: find shelter from the wind, deploy blankets. Any mountaineer should understand these fundamental steps.”
The trial took a dramatic turn when a surprise witness, Andrea Bergener, a former girlfriend of Mr. Plamberger, testified. She recounted that years earlier, Mr. Plamberger had left her alone during a night hike on Grossglockner.
“We were descending the Glockner at night when he suddenly disappeared,” she testified. “I felt disoriented, I screamed, and I was utterly alone. After that incident, we never hiked together again.”
Ultimately, the judge concluded that Mr. Plamberger bore substantial responsibility for Ms. Gurtner’s fate. He highlighted the vast disparity in their mountaineering abilities, stating they were “galaxies apart,” and criticized Plamberger for failing to adequately assess and account for her limitations.
“While you are an exceptional alpinist, you struggled significantly to differentiate between your own capabilities and those of others,” the judge remarked.
Following the verdict, Mr. Plamberger’s lawyer, Kurt Jelinek, stated that the trial had been “fair” and that his client “accepted the verdict with composure.” He indicated that an appeal would be considered after a period of reflection.
Essentially, this case probed the extent of a private individual’s responsibility when engaging in risky or dangerous activities with others. This question is particularly pertinent in Austria, where a surge of less-experienced tourists in the mountains has led to a noticeable increase in accidents.
Severin Glaser, a criminal law professor at the University of Innsbruck, Austria, suggested that this guilty verdict could reshape mountaineering practices in the country, prompting individuals to seriously consider their legal liability during personal excursions.
“This judgment could fundamentally alter personal responsibility during dangerous activities,” he commented. “The inherent costs of mountaineering, and the freedom associated with it, might escalate, potentially deterring some individuals from engaging in such pursuits.”