'Complex duty of care' How this ruling might impact climbing

The decision of an Austrian court sitting in Innsbruck to convict an amateur climber of manslaughter after he had left his girlfriend behind to die on an Alpine peak in winter, is certain to be examined closely throughout Europe.

- Peter Beaumont

In his decision, judge Norbert Hofer - a climber and an expert in Austrian law relating to the mountains - ruled that the “galaxies wide” disparity in experience and skills between Thomas P and his late girlfriend Kerstin G meant that he had been de facto acting as her mountain guide “as a favour” despite no financial arrangement.

The case has drawn media attention worldwide, for what - if any - precedent it could set for climbers and mountaineers who are involved in an accident.

While professional mountain guides in many jurisdictions belong to certified bodies and can be held legally responsible for negligence in serious cases, and similarly with adults leading activities for minors, Hofer’s ruling, which is expected to be appealed, suggests a novel and potentially complex duty of care: between more experienced and more novice participants in mountain sports.