Having been in auto service management, I'd say the onus would be on the end user putting the fluid in the trans to know what he was putting in and making sure it was the right fluid.
That being said, I'd try for a fair settlement with the store and look at legal action as an absolute last resort. Keep in mind if the aggrieved party went to court and lost, legal expenses and court costs could easily exceed the price of doing whatever needs to be done with the trans.
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