AN ELDERLY PAX WAS INJURED IN A FALL IN THE ACFT IN SMOOTH AIR WHILE THE SEAT BELT SIGN WAS ILLUMINATED. THE INJURY WAS INITIALLY CLASSIFIED AS AN ACCIDENT THEN DOWNGRADED TO AN INCIDENT BY THE NTSB.

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I WAS PIC OF A FLT BTWN EWR-RSW ON MAY/FRI/95. DURING THE FLT AN ELDERLY PAX WENT TO THE LAVATORY EVEN THOUGH THE SEAT BELT SIGN WAS ON. COMING OUT OF THE LAVATORY THE MAN FELL AND BROKE HIS HIP. ALTHOUGH THE SEAT BELT SIGN WAS ON THERE WAS NO TURB ASSOCIATED WITH HIM FALLING; IT HAD BEEN LEFT ON FROM PREVIOUS INTERMITTENT LIGHT TURB. I MADE AN ANNOUNCEMENT AS DID THE FIRST FLT ATTENDANT WHEN I INITIALLY TURNED IT ON. THE PAX; A 73 YR OLD; DIABETIC WITH THICK GLASSES CHOSE TO IGNORE THE SEAT BELT SIGN AND GOT UP TO ANSWER NATURE'S CALL. AN EYEWITNESS PAX SAID THE MAN APPEARED UNSTEADY ON HIS FEET AND HELD ON TO THE SEAT BACKS FOR SUPPORT AS HE WALKED TO THE LAV. AS I STATED EARLIER HE FELL WHEN HE CAME OUT OF THE LAVATORY DUE TO LOSS OF BALANCE. NO OP OF THE ACFT HAD ANYTHING TO DO WITH HIS INJURY; NEVERTHELESS THIS IS CONSIDERED BY THE NTSB AS AN ACFT ACCIDENT. IS THERE A SOLUTION FOR A PAX WHO NEEDS TO USE THE LAVATORY AND IGNORES CREW WARNINGS AND SEAT BELT SIGNS; SHORT OF RESTRAINT WHICH WOULD BE CRUEL; I DON'T THINK SO.