The consumer should not have won this one... I can see where this is leading, every time you make a purchase, you'll be required to go through a screening process to assure the product is suitable before being allowed to purchase it:
- Will you be using this product in an environment that exceeds 110 degrees or falls below 55 degrees Fahrenheit?
- Will you be using this product in damp conditions?
- Will this product be exposed to direct sunlight?
- Will this product be placed in a situation in which adequate airflow will be impeded? (please attach photos or an illustration of the are this product will be used)
- Will this item be plugged into an outlet providing proper voltage and amperage? (please attach electrician's affidavit)
- Are other appliances or electrical devices on the same circuit as this item? (please list all other electrical items on this circuit if not denoted in electrician's affidavit above)
- For items exceeding 80 pounds, please provide names of persons who will assist you in case you need to move this appliance in the future:_________________
- etc.

They reimbursed him for his losses, seems like he was made whole. The only question is this, if he would have gotten home and read the manual to discover this appliance was not suitable, would KMart have taken it back? My guess is yes.