This isn't about "over drinking". If an alcohol manufacturer marked the bottle as 60 proof but it was actually 120 proof, they're liable.
In the case of airplanes, airline management decides they want to save money by not pressurizing the cabin to the proper altitude - which means that alcohol hits drinking passengers faster and harder. They know it but do it anyway. That's on them, not the unsuspecting passengers.
We can disagree but the law doesn't. Lawyers get charges dropped against drunken passengers all the time because the airlines regularly underpressurize the cabins.
And swamp lawyers love the deep pockets of the airlines and insurance companies over those of the passenger.
To take your logic a step further, why not let the swamp cast the vote on behalf of the ordinary citizens.
Society loses anytime the individual can say someone else is responsible for my bad behavior when that bad behavior was done voluntarily.